SUCCESSION OF MALONE

No. 90 CA 1034.

589 So.2d 520 (1991)

SUCCESSION OF Bernard L. MALONE, Sr.

Court of Appeal of Louisiana, First Circuit.

Concurring and Dissenting Opinion October 24, 1991.

Rehearing Denied January 3, 1992.


Attorney(s) appearing for the Case

Evangeline Vavrick, New Orleans, for plaintiff-appellant Rosalie Parrino.

Ronald Bertrand, Ryan, for defendant-appellee Bernard L. Malone, Jr.

Before WATKINS, CARTER and FOIL, JJ.


Concurring and Dissenting Opinion of Judge Carter October 24, 1991.

WATKINS, Judge.

The issues presented by this appeal are: (1) whether prescription of a promissory note was interrupted by partial payment; (2) whether various acts of a usufructuary amounted to renunciations of the usufruct; and (3) whether a unilateral, partial renunciation was permissible absent court order. The first issue of interruption of prescription was purely factual, and we will...

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