Griffin v. Burris

Citations

• 109 La. 216
• 33 So. 201
• 1902 La. LEXIS 139

Syllabus

<p>SUCCESSION — ACCEPTANCE—WIDOW IN COMM UNITY — USUFRUCTUARY.</p> <p>1. The written declaration, or admission, of. the mere» capacity of heirship, made by the descendants of a dead man, does not of itself constitute an acceptance of his succession.</p> <p>2. A _ widow in community (not renouncing same) is, in the absence of action by creditors of the succession demanding formal administration of its affairs, entitled to be recognized as usufructuary of that portion of the estate devolving upon the legal heirs. But the mere written admission of this conclusion of law by those called by law to the succession does not suffice of itself to evidence an acceptance of the succession.</p> <p>3. Where there is no claiming of anything by those styling themselves heirs, no affirmative aetion_ by them in assertion of the rights of heirship or ownership, no obliging themselves as heirs, or contracting as heirs, acceptance of the succession cannot be inferred against them.</p> <p>(Syllabus by the Court.)</p>