Succession of Glancey

Citations

• 112 La. 430
• 36 So. 483
• 1904 La. LEXIS 412

Syllabus

<p>PARTITION BY LICITATION — COMMUNITY— RIOHTS OF SURVIVOR — USUFRUCT.</p> <p>1. Partition by licitation would put at naught the statute Act No. 152, p. 99, of 1844, enacted for the protection of the survivor of the community.</p> <p>2. The evident intention was to enable the survivor to retain his property, together with the property over which it is enacted, that he or she shall hold the usufruct.</p> <p>3. The property is divisible in kind. The right may be sold. It cannot, however, be partitioned by licitation, without defeating the purpose of the enactment granting the usufruct.</p> <p>4. The will did not dispose of property adversely to the survivor. The legatee has renounced the benefit of the legacy to the extent that it might interfere with the usufruct.</p> <p>5. The amount sought to be recovered for asserted revenues is not shown to be due.</p> <p>Provosty, J., dissenting.</p> <p>(Syllabus by the Court.)</p>