SMITHERMAN v. SMITHERMAN

No. 11469.

240 So.2d 6 (1970)

Cora SMITHERMAN, Plaintiff-Appellee, v. Hoye SMITHERMAN et al., Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

September 15, 1970.


Attorney(s) appearing for the Case

Fish & Montgomery, by Roy M. Fish, Springhill, for defendant-appellant.

Leon H. Whitten, Jonesboro, for plaintiff-appellee.

Before AYRES, BOLIN and PRICE, JJ.


AYRES, Judge.

This is an action by a surviving widow, as originally instituted, to recover, out of the estate and succession of her deceased husband, the widow's homestead of $1,000 provided by LSA-C.C. Art. 3252, or, in the alternative, to recover a child's portion in usufruct only under the provisions of LSA-C.C. Art. 2382. The principal demand was abandoned and there was submitted to the trial court only plaintiff's alternative demand.

After trial there...

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