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· 1/20/1908

Succession of Verneuille

Citations

  • 120 La. 605
  • 45 So. 520
  • 1908 La. LEXIS 546

Syllabus

<p>1. Husband and Wife — Life Insurance — Policies — Paraphernal Property.</p> <p>The policies of insurance were issued to the husband some time before the marriage. They formed part of his separate estate, and the proceeds were properly placed to the credit of his property.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig, yol. 26, Husband and AVife, §§ 886-892.)</p> <p>2. Wills — Construction—Life Usufruct.</p> <p>The will of the testator read: “All my property to my wife for her life except the forced portion to my father and mother.”</p> <p>That was the donation of a life usufruct, and not, as claimed by the legatee, an absolute donation of the property forever.</p> <p>3. Same — Inheritance.</p> <p>Usufruct to the wife except the forced portion. At the death of the legatee, the property will pass to the heirs.</p> <p>4. Husband and Wife — Community Property-Policies.</p> <p>The premiums paid by the community were properly credited to the community.</p> <p>'5. Same — Not a Community Asset.</p> <p>It being evident that the community did not own an amount deposited in bank to the credit of the opponent’s husband, it cannot be properly placed to the credit of the community.</p> <p>It was a matter of impossibility as made to appear by the testimony for said amount to have been earned by the community.</p> <p>(Syllabus by the Court.)</p>

Judges: Breaux

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