Succession of Ward

Citations

• 110 La. 75
• 34 So. 135
• 1903 La. LEXIS 596

Syllabus

<p>WILLS — CONSTRUCTION—FIDEI COMMISSUM— USUFRUCTUARY.</p> <p>1. Where a testament appoints an executor. with bond, and directs that a certain amount shall he paid monthly to a person named, and that during the life of that person the estate shall be kept intact, and at the death of that person shall go to'two other persons share and share alike, and that to the two latter persons, one of whom is the executor, shall go all monthly surplus after the “usufruct” to the first, held, that the instrument evidences an intention that the executor shall hold the estate in trust during the life of the so-called usufructuary, and that this is to create a fidei commissum, forbidden by our law under penalty of the nullity of the will.</p> <p>2. Such a testamentary disposition is distinguished from one directing the usufruct to go to one person and at the death of that person the estate to another.</p> <p>3. A person to whom, out of the revenues of an estate, a certain amount is to be paid monthly, is not a usufructuary.</p> <p>(Syllabus by the Court.)</p>