Succession of Barber

Citations

• 52 La. Ann. 960

Syllabus

<p>Syllabus.</p> <p>1. A surviving spouse, claiming to be heir of the deceased spouse by reason of the fact that the latter died intestate and left no heirs either In the ascending, descending, or collateral line, is not considered by the law as succeeding to the deceased from the instant of Ms death.</p> <p>2. The maxim \le mart saásit le vif\, etc., does not apply to irregular heirs, such as the surviving spouse.</p> <p>3. The reason is, that this sort of heir has only a right of action to cause himself or herself to be put in possession of the succession thus falling to him or her.</p> <p>4. And formal proceedings to the end of being recognized as heir and sent into possession must be taken in the manner pointed out by law.</p> <p>5. A mere c® parte order of recognition as heir and putting into possession will be viewed as a nullity.</p> <p>6. And anyone having an interest, whether as heir or claimant owner of the property, or as creditor of the dead man, or of his succession, may appeal from such judgment.</p>