Reems v. Dielmann

Citations

• 111 La. 96
• 35 So. 473
• 1903 La. LEXIS 498

Syllabus

<p>DESCENT AND DISTRIBUTION—RIGHT OF SURVIVOR TO USUFRUCT.</p> <p>1. The husband died intestate, leaving issue of the marriage with the survivor. The survivor is entitled to the usufruct of so much of the share of the deceased in the community as may be inherited by the children. The wife of the plaintiff was an heir of the father and of a predeceased brother. In her testament she donated all her property to her husband. It became the property of the husband, subject to the usufruct. Change of ownership does not affect the legal usufruct.</p> <p>2. Laws conferring upon minors the right to dispose of their property mortis causa, even to the detriment of the usufruct on their property, do not confer a similar right upon heirs of age. The article of the Civil Code conferring the right upon minors to dispose of their property mortis causa, even to the detriment of the usufruct in favor of their mother and father, does not have the effect of controlling or modifying article 916 of the Civil Code, favorable to the usufruct of the father or mother on property earned by their joint industry.</p> <p>3. The usufructuary owns a personal and_ independent right, which in no way should shield her from all necessity of accepting or renouncing the community, when called upon to elect.</p> <p>4. The court a qua has jurisdiction over the matter of the acceptance of the community, or its rejection.</p> <p>(Syllabus by the Court.)</p>