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SUCCESSION OF SMITH

No. 87-C-1287.

515 So.2d 1096 (1987)

SUCCESSION OF Rollie Ray SMITH.

Supreme Court of Louisiana.

Dissenting Opinion December 15, 1987.

Attorney(s) appearing for the Case

Harry Johnson, III, Jennifer Zimmerman, Phelps, Dunbar, Marks, Claverie & Sims, Baton Rouge, and James Reichman and DeWitt T. Methvin, Gist, Methvin, Hughes & Munsterman, Alexandria, for applicant.

John Ford, Smith, Ford & Clark, Leesville, for respondent.

COLE, Justice.

We granted writs in this case to decide whether a surviving spouse must judicially assert a claim to the marital portion within the three year prescriptive period provided for by La.Civ.Code art. 2436.1 We conclude the claim need not be judicially asserted. The surviving spouse need only prove a claim was made within three years of the date of the death. We find, under the facts of this case, the widow has...

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