Pickens v. Gillam
Supreme Court of Louisiana
APPEAL from the Tenth District Court for the Parish of Red River. Hall, J To entitle a husband to claim from the succession of his deceased wife the marital fourth, under Article 2382 of the Civil Code, he must prove that his wife died rich, and that he was left by her death in necessitous circumstances.
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APPEAL from the Tenth District Court for the Parish of Red River. Hall, J To entitle a husband to claim from the succession of his deceased wife the marital fourth, under Article 2382 of the Civil Code, he must prove that his wife died rich, and that he was left by her death in necessitous circumstances. A husband who had abandoned his wife for seventeen years before her death can not be said to have been left by her in necessitous circumstances within the meaning of that article. 3 An. 713.
1Opinion of the Court
The opinion of the court was delivered by .
Breaux, J.
This suit was brought by the plaintiff to recover the marital portion, that is, the fourth of the succession of his wife in full property, under Article 2382 of the Civil Code, which provides that “ when the wife has not brought any dowry, or when what she has brought as a dowry is inconsiderable with respect to the condition of the ¡husband, if either the husband or the wife die rich leaving the survivor in necessitous circumstances, the latter has a right to take out of the succession of the deceased what is called the marital portion.”
*351The…
2Cited by7 opinions
- Malone v. CannonSupreme Court of Louisiana · 1949
- Rogge v. NouvetSupreme Court of Louisiana · 1898
- Succession of GuillonSupreme Court of Louisiana · 1922
- Succession of PelloatSupreme Court of Louisiana · 1911
- Succession of SciaccalugaSupreme Court of Louisiana · 1933
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