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SUCCESSION OF THUMFART

No. 6043.

289 So.2d 850 (1974)

Succession of Mrs. Marjorie SPENCER, divorced wife by first marriage of Louis P. WOLFORT, II, and wife by second marriage of Erhard THUMFART.

Court of Appeal of Louisiana, Fourth Circuit.

February 6, 1974.

Attorney(s) appearing for the Case

Andrew M. Weir, Regis L. Kennedy, Bernard, Micholet & Cassisa, Metairie, for Louis P. Wolfort, III and Marsha L. Wolfort.

Lloyd C. Melancon, McLoughlin, Barranger, Provosty & Melancon, New Orleans, testamentary executor of the succession.

Harry P. Gamble, Jr., New Orleans, for Erhard Thumfart.

Before SAMUEL and REDMANN, JJ., and BAILES, J. Pro Tem.

REDMANN, Judge.

This appeal by the executor and children of a deceased wife inquires (1) whether a wife's property, owned by her at the time of marriage, constitutes "dowry" for purposes of the marital portion law, C.C. art. 2382;1 (2) if not, whether a husband, earning $9,000 annually but having assets of only $2,500 at the death of his wife who left $162,000, is comparatively in "necessitous circumstances" within art. 2382; (3) if so...

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