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SUCCESSION OF DALY v. McNAMARA

No. 86-1038.

515 So.2d 661 (1987)

SUCCESSION OF Charles Michael DALY, Plaintiff-Appellee, v. Shirley McNAMARA, etc., Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied December 9, 1987.

Writ Denied January 29, 1988.

Attorney(s) appearing for the Case

Thomas D. Brumbaugh, Lafayette, for plaintiff-appellee.

James C. Russell, Jr., Baton Rouge, for defendant-appellant.

Before GUIDRY, FORET and YELVERTON, JJ.

YELVERTON, Judge.

The sole issue raised by this appeal is whether La.C.C. Art. 890 creates a legal usufruct in the situation where, by special bequest, the deceased spouse, having no descendants, establishes a usufruct over his separate property in favor of his surviving spouse.

The deceased spouse, Charles Michael Daly, died on July 12, 1985, leaving no descendants. He was married twice, first to Maxine Hyer from whom he was divorced, and second to Movrene...

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