The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1849-06-06
supreme Court of Louisiana.


!
Under the staut. of March 2 1874 the surviving wife i,
entitled Immediately after her husbands DEATH to the
usuuc of one half of the fruits and revenues of ,ba
community property in her individual right and the other
half in virtue of her usufuctusry right The widow is
only answerabe for such interest may have accrued
from unnecessary delay which she may have caused in
discharging the debts with which the community is
encountered.
| SUCCESSION OF NJ. ID. BRINGIER, WrDow NJ
d. BRINGER, Adm'x, Appellant; d. F. KENNER
| AND WIFE AND Fl. B. TRIsT AND WIFE. Appeal
from the Fourth judicial District Court. Parish of
Ascension. KING J.. Eusfis c. j. dissenting
from the opinion of the majority of the Court
| NJ. ID. Bringier died in 1S47 leaving a large sue.
cesson, the greater part of which consisted of COM
munity property, his widow, who is the admins.
ratrx, applied Tor sale of part of the movables
slaves and lands of the succession for the purpose
OF paying the debts of the community, amounting.
as IS alleged, TO a sum exceeding $4,000 Two of
the heirs opposed the sale as being unnecessary
and alleged that the revenues derived from property
OF the community since the opening of the success.
sion nave been sufficient TO discharge all the debts
and should be applied to that purpose. To this
opposition the surviving widow answered that one
nall OF the crops. fruits and revenues yielded by the
community property since the death of her husband
belong to her in her individual right as the survv.
ing partner in community, and the other half in
virtue of her usufructuary right under the act Of
march 20, 1874, and cannot be appropriated to the
payment OF the community debts The opposition
OF the heirs was sustained, and from the Judgment
dsmlssing the prayer for sale Mrs. Brngier has
appealed.
1t is conceded, for the purposes of the suit that
the debts amount to the sum stated in the petition.
ana mat the revenues from the community propertv
since the death of NJ. D. Bringier, have been suf1i
Gent to discharge Them 1t is also admitted that if
the revenues be not applicable to the pavment If
the debts, sale of the properly specified in the ne
htIon will become necessary
IL was held ny the Supreme Court that under the
statute OF March 25, 1914, the surviving widow is
entitled to the usufrnct of the share of the deceased
n'lsnsln IN inc community property from the mo-
ment of his death, and previous TO having the dh,s
That the survivor had her election either 10 sell
community property to sufficient amount to dis |
charge the debt promptly or to exercise her usufrnc
tuary night upon the half of the residue or if she |
preferred TO preserve the property unsod she copd
do so on paying the debts herself or on ASSUMING
them, thereby relieving the heirs from the burthen
OF interest which might ultimately absorb their
entire Inheritance. In the latter event the usn.
frucuary is entitled to the entire fruits produced by
from sae) being deemed equivalent to The interest
on the sums advanced. c. c. arts. SIS, $40. But
she cannot retain the property, leave the debts
unpaid to the prejudice of the heirs and return it TO
them at the expiration of the usufruct, encountered
with the additional burden of interest which may
Anna Fitzwiam, 3 Ann.
Per cnr'dm Under Our view of the law Mrs
BrIngier, as surviving widow, is entitled to the
fruits produced by the community property since
the death of her husband, and is only answerable
for such interest az may have accrued in the mean
time from unnecessary delay which she may have
caused in discharging the debts with which it is
encountered. Judgment below reversed and the
opposltlons of the heirs dismissed it was further
decreed that the case be remanded for orders and
proceedings necessary to effect sales of property be.
longing to the succession in community to an
amount sufficient to pay the debts of said com.
munity, reserving the question Of Mrs. Brngier's