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IN RE SUCCESSION OF ZIIFLE

No. 10561.

378 So.2d 500 (1979)

In re: Succession of Frederick A. ZIIFLE.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied January 18, 1980.

Attorney(s) appearing for the Case

Midlo & Lehmann, Rene Lehmann, New Orleans, for claimant-appellant.

Marcella M. Ziifle, Gretna, Delbert G. Talley, New Orleans, for executor-appellee.

Before GULOTTA, BEER and GARRISON, JJ.

BEER, Judge.

Mireya Ponce, widow of Frederick A. Ziifle, sues to be recognized as a surviving spouse in necessitous circumstances under LSA-C.C. art. 2382, and claims entitlement to the marital fourth and to periodic allowance during the course of the administration of the succession. The 24th Judicial District Court concluded "that Mrs. Ziifle is not a wife in necessitous circumstances as contemplated under LSA-C.C. art...

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