SUCCESSION OF GABRIEL

No. 7623.

344 So.2d 24 (1977)

Succession of Antoinette Broyard, wife of Mike GABRIEL, Jr. (a/k/a Michael Gabriel, Jr.)

Court of Appeal of Louisiana, Fourth Circuit.

Rehearings Denied April 13, 1977.

Writ Refused June 3, 1977.


Attorney(s) appearing for the Case

D. A. McGovern, III, New Orleans, for Mike Gabriel, Jr.

Thomas L. Giraud and Jones, Walker, Waechter, Poitevent, Carriere & Denegre, Ignatz G. Kiefer, Edward M. Heller, New Orleans, for Herbert Gabriel, Testamentary Executor for the Succession of Antoinette Broyard Gabriel.

Before LEMMON, GULOTTA and BEER, JJ.


LEMMON, Judge.

Involved in this litigation is a dispute over the proceeds of a sale of immovable property, which was sold pursuant to an option granted jointly by the decedent's surviving spouse in community and the executor of her succession under court authority. This appeal questions the trial court judgment which ruled that, under the facts of this case, the surviving spouse's perfect usufruct did not terminate with the sale, but attached as an imperfect usufruct...

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