Succession of Cormier

Citations

• 52 La. Ann. 876

Syllabus

<p>Syllabus.</p> <p>1. where property, which must be held to have been the separate property of the husband, was carried by him into the community formed by the marriage, became merged into it, and enured to its benefit, its value becomes an indebtedness due the husband by the community.</p> <p>2. No fixed rule or standard as to the extent or sufficiency of evidence necessary to establish a claim of that character can be formulated. Each case must rest on its own peculiar state of facts.</p> <p>ii. The prescriptions which would otherwise bar such a claim are suspended as against the husband during the time he fills the positions of tutor to the children of the marriage and administrator of the deceased wife’s succession.</p> <p>4. There is no reason why the father, who is both tutor of the children and administrator of their mother’s succession, should not account in his settlement of the mother’s succession to her heirs of age for moneys received by him from their grand-father as their inheritance by right of representation of their mother.</p>