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BERTHELOT v. PENDERGAST

Nos. 08-CA-116, 08-CA-117.

989 So.2d 798 (2008)

Joseph R. BERTHELOT III, on Behalf of His Mother, Victoria J. Pendergast v. Harold PENDERGAST Jr. and Margaret P. Adolph Margaret P. Adolph v. Victoria J. Pendergast.

Court of Appeal of Louisiana, Fifth Circuit.

June 19, 2008.

Attorney(s) appearing for the Case

William J. Larzelere, III, Attorney at Law, Covington, Louisiana, for Plaintiff/Appellee (No. 08-CA-116) and Defendant-Appellee (No. 08-CA-117), Joseph R. Berthelot III, on Behalf of His Mother, Victoria J. Pendergast.

Bruce C. Betzer, Attorney at Law, Metairie, Louisiana, for Defendant/Appellant (No. 08-CA-116) and Plaintiff-Appellant (No. 08-CA-117), Margaret P. Adolph.

Panel composed of Judges EDWARD A. DUFRESNE, Jr., THOMAS F. DALEY, and SUSAN M. CHEHARDY.

SUSAN M. CHEHARDY, Judge.

This appeal arises in a partition suit between a widow and her adult stepchildren, consolidated with a suit against the widow by one of the stepchildren. That stepchild appeals a judgment that dismissed the claim against the widow for failure to act as a prudent administrator of her usufruct of the family home. We affirm.

FACTS

Victoria Pendergast was married to Harold A. Pendergast, Sr. and they resided at 2457 Roosevelt...

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