Zerega v. Percival
Supreme Court of Louisiana
APPEAL from the Oivil District Court, Parish of Orleans. Theard, J The question is res nova in this State and this court is at liberty tO' settle it on principle. There is a profound and logical reason for excepting blood relations, and not husbands, from the provisions of Art. 1489, C. C. The policy of the civil law is that property shall follow blood and not affinity. The husband is not the heir of the wife nor the wife of the husband, except by irregular succession.
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APPEAL from the Oivil District Court, Parish of Orleans. Theard, J The question is res nova in this State and this court is at liberty tO' settle it on principle. There is a profound and logical reason for excepting blood relations, and not husbands, from the provisions of Art. 1489, C. C. The policy of the civil law is that property shall follow blood and not affinity. The husband is not the heir of the wife nor the wife of the husband, except by irregular succession. The wife excludes only the State. The remotest blood relation, even a natural child acknowledged, excludes the husband from…
1Opinion of the Court
The opinion of the court was delivered by'
Watkins, J.
This is an action for the revocation and annulment of the will of Martha Vaughan Gasquet, deceased wife of the defendant, instituted by her two survivng sisters and one niece, as heirs at law — it being alleged that the deceased was married to the defendant on the 16th of December, 1886, and departed this life on the 11th of October, 1891, leaving neither ascendants nor descendants.
The will is olographic in form, and was admitted to probate on the 14th of October, 1891. It is couched in the following terms, to-wit:
“ In the name of God, the…
2Cases cited1 opinion
- Chardon's Heirs v. BongueSupreme Court of Louisiana · 1836
3Cited by27 opinions
- Montgomery v. BreauxSupreme Court of Louisiana · 1974
- Succession of YeatesSupreme Court of Louisiana · 1948
- City of New Orleans v. Salmen Brick & Lumber Co.Supreme Court of Louisiana · 1914
- Estate of MoodyCalifornia Court of Appeal · 1953
- Jones v. KyleSupreme Court of Louisiana · 1929
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