SUCCESSION OF CHAUVIN

No. 5907.

286 So.2d 793 (1973)

Succession of B. J. CHAUVIN, Sr.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied January 8, 1974.


Attorney(s) appearing for the Case

Morris B. Phillips, New Orleans, for Mrs. Bernice Buwe, defendant in rule—appellant and appellee.

Jackson P. McNeely, New Orleans, for B. J. Chauvin, Jr., appellant and appellee.

Before GULOTTA and STOULIG, JJ., and BAILES, J. Pro Tem.


GULOTTA, Judge.

There are three issues presented on this appeal: (1) whether a donation mortis causa to a surviving spouse of a usufruct over the decedent's share of the community estate infringes upon the legitime when the surviving spouse remarries, (2) if there is an infringement whether the forced heir must exercise an option to execute the disposition or to abandon the ownership to the donee of the disposable portion...

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