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SUCCESSION OF BLYTHE

No. 88-C-0323.

531 So.2d 1073 (1988)

SUCCESSION OF Donald F. BLYTHE.

Supreme Court of Louisiana.

Rehearing Denied October 20, 1988.

Attorney(s) appearing for the Case

Rene R. Nicaud, J. Courtney Wilson, Nicaud, Justrabo & Rousset, New Orleans, for applicant.

Laurence K. Coleman, Trapolin & Coleman, John F. Caraway, New Orleans, for respondents.

LEMMON, Justice.

This is a will contest between the testator's widow and his sole descendent, a daughter from a previous marriage. The principal issue is whether the forced heir, by attacking the testator's will on several grounds (including the invalidity of a usufruct to the surviving spouse valued in excess of the disposable portion) and by obtaining a judgment nullifying the usufruct, thereby elected under La.C.C. art. 1499 to abandon to the donee the ownership...

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