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IN RE LICHTENTAG

Nos. 8394, 9067.

355 So.2d 588 (1978)

In re Interdiction of Mrs. Nolia E. Langenbecker, widow of Alvin P. LICHTENTAG.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied March 14, 1978.

Attorney(s) appearing for the Case

James S. Quinlivan, Jr., Jefferson, and Gerard R. Kehoe, River Ridge, for Mrs. Edwina Dupuy.

Barry F. Viosca, New Orleans, for plaintiff-appellant (Robert Alexander Katz).

Norman W. Prendergast, New Orleans, Special Curator for the Interdict, for curator-appellant (Special Curator for the Interdict).

Before GULOTTA, SCHOTT and WICKER, JJ.

SCHOTT, Judge.

These consolidated cases involve a claim by the surviving spouse for the marital portion as provided by LSA-C.C. Art. 2382.

Decedent died on December 14, 1975, having had no children. He and his surviving spouse had entered into a pre-nuptial marriage contract prior to their marriage in 1941 so that there was no community property. Decedent, in his last will and testament, bequeathed to the widow the use and habitation of the family home in...

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