SUCCESSION OF AUGUSTUS

No. 9327.

361 So.2d 474 (1978)

Succession of Hattie Simon, wife of Leonard AUGUSTUS.

Court of Appeal of Louisiana, Fourth Circuit.

July 26, 1978.


Attorney(s) appearing for the Case

Scheuermann & Jones, Arthel J. Scheuermann, New Orleans, for appellee, Hattie Ewing, Duly Qualified Executrix of the Succession of Hattie Simon, Wife of Leonard Augustus.

James J. Grevemberg, New Orleans, for appellant, Leonard Augustus.

Before GULOTTA, STOULIG and BEER, JJ.


GULOTTA, Judge.

Decedent bequeathed to her husband the usufruct of her separate property under the following conditions:

". . . said usufruct to be for his lifetime and to terminate only upon his death or in the event he allows Thelma Poitant Augustus or Cecile Hill to enter this house."

By way of background, from 1937 to 1946, Leonard Augustus, the usufructuary, lived with decedent, Hattie Simon. In 1946, he married Thelma Poitant; however, shortly...

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