BARRY, Judge.
In this succession proceeding a testamentary usufruct in favor of a surviving spouse infringes on the legitime. The trial judge properly ruled that under Civil Code Art. 1499 a forced heir must choose to suffer the impingement or abandon the disposable portion.
The decedent's son, Stephen Chauvin, filed a petition for his legitime, alleging the impingement by a testamentary usufruct in favor of his stepfather over his mother's separate property...
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