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IN RE SUCCESSION OF FIRMIN

Nos. 2009-CA-0411, 2009-CA-0412.

38 So.3d 445 (2010)

SUCCESSION OF Albert P. FIRMIN. Mrs. Albert Firmin v. Henrynne Louden, M.D., Executrix of the Succession of Albert Firmin.

Court of Appeal of Louisiana, Fourth Circuit.

April 21, 2010.

Attorney(s) appearing for the Case

Miles G. Trapolin, Trapolin Law Firm, New Orleans, LA, for Appellant.

Eric M. Schorr, Jack M. Alltmont, Max Nathan, Jr., Sessions Fishman Nathan & Israel, L.L.P., New Orleans, LA, for Appellee.

(Court composed of Judge TERRI F. LOVE, Judge DAVID S. GORBATY, Judge ROLAND L. BELSOME).

TERRI F. LOVE, Judge.

Mrs. Firmin sued the executrix of Mr. Firmin's estate, Dr. Henrynne Louden, to recover a marital portion of the estate. Mrs. Firmin filed a petition for damages for loss of use of the family home and, in the alternative, loss of use of insurance proceeds. Also, Mrs. Firmin filed motions to recover one-half of the community.

The trial court found that at the time of Mr. Firmin's death, he was not rich in comparison to Mrs. Firmin, and...

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