Marks v. Marks
Supreme Court of Louisiana
APPEAL from the First District Court, Parish of Caddo. Taylor, J.. W hen the deceased leaves a father or mother, he or she is forced heir for the onedfourth of the estate. And the child may dispose of three-fourths by last will and testament. Cole vs. Cole, 7 3ST. S. 414; Theall vs. Theall, 11 La. 429; JBarbet vs. Roth, 14 An. 381. > This has been a rule of inheritance in Louisiana since 1829, and the doctrine of stare decisis applies.
1Opinion of the Court
The opinion of the Court was delivered by
Bermudez, C. J.
This is an action by a legitimate mother for her légitime from the testamentary succession of her son, who has died leaving brothers and sisters and a wife, instituting the latter his universal legatee. The mother claims that legitime to be one-third of the estate. The defense is, that it is one-fourth and no more.
The District Judge, dealing with the question as res nova, thought that the légitime should be one-third, but reluctantly yielding to the doubtful authority of a ruling made more than half a century ago, rendered judgment for…
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