Succession of Benton

Citations

• 106 La. 494

Syllabus

<p>Syllabus.</p> <p>1. Where the conduct of the husband justifies the wife In leaving him, and furnishes grounds for divorce, she is necessarily authorized to acquire a separate domicile, and the law of the domicile so acquired will determine her marital status. Hence, a judgment of divorce, rendered by a court of a State in which such domicile is acquired, and valid where rendered, is valid in other jurisdictions, without regard to the place of marriage, the offense, or the domicile of the husband, and the latter may be brought into court by publication, or otherwise, as provided by the lex fori.</p> <p>2. It is settled jurisprudence in this State that a marriage will not be dissolved on grounds antedating the establishment here of the marital domicile, but it does not follow that this court will not recognize the validity of a divorce granted upon such grounds in another State.</p> <p>3. In such a ease, the decree of divorce is open to attack upon questions of jurisdiction, among which is good faith as to the acquisition of domicile. But where, in such decree, all necessary facts are found, it presents, upon its face, no intrinsic nullity, and will serve as a basis for a presumption of good faith with respect to a subsequent marriage.</p> <p>4. A dative executrix should deposit the funds coming into her hands in a bank, established in the parish where such succession is opened, which pays interest on deposits, if there is such a bank, and if there is no such bank, she should deposit such funds in a solvent bank in such parish which pays no interest. And if she fails so to do, and fails to file annual accounts, and pays out such funds without authority of the court, for matters in which the sue cession is not concerned, she should be destituted of her office.</p> <p>5. The fees and expenses of attorneys, and the expense of litigation between different heirs, or claimants, as to their respective rights, do not constitute general charges against the succession.</p> <