The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-04-14
Our New Orleans Correspondence.


Important Decision on the La,cs Of Inheritance of
Lo,,isiana-A Recie,o Of the Effect Of the Old
Lac-Intaesting to Husbands aad JVlvcs---
hossnh a. Nee Orlcans---Meet'ng Of the Ncp
Boards Of -AMGmen---A,riral from San Juan dc
Nicaragua.
Avery important decision has lately been made
by our Supreme Court, in relation to the laws Of
Inheritance, which, on account of the numerous
marital relations between the North and the South
will prove not only interesting but instructive to
your readers. According to the laws Of Louisiana,
marriage is looked upon as a civil contract and all
the property acquired by each of the parties resi-
ding in this State, after the marriage, becomes a
partnership concern, in which the parties have an
equal interest, and is called by law, the .sCon-
munity OF acquets and gains" Thus, if wife
owns plantation in her own right, one half of the
cotton crop thereof belongs to the husband, and
cOnrerSo.
Some years ago it frequently happened that
wealthy wife, on the decease Of her husband saw
half Of the accumulation of her estates by interest
rents or crops, 60 to his remote collateral relations
in other states or countries. And so husband who
by his industry and economy had amassed large
fortune during marriage, on the death of his wife,
lost half of it by the laws of inheritance in favor Of
her collateral relations, who rccklcssy deprecated
the other half by insisting on speedy partition.
The evil was becoming so great that it became
sometimes forced men who had the apprehension OF
losing their wives, and with them half their for
tunes, to make timely removal from the State
II was one OF the many causes which has kept our
State so far behind other States admitted into the
Union, in population and aggregate wealth. To
remedy this evil, the act of 18th March, 1914 was
passed, changing our laws of inheritance SO to give
the usufruct OF the community of acquets to the
surviving partner in the community during life The
law, however, made exceptions in favor of ascend
ants and descendants. That is, ascendants could
deprive the surviving spouse Of the usufruct to
the extent OF their inheritance, or, their being
one descendant, to the extent of onefourth of the
estate OF the deceased. So descendants by n pre-
vious marriage could claim Immediately, on the
death OF their ancestor, their share in the estate
according to the laws Of inheritance But the issue
OF the marriage could only claim their portion of the
community on the second marriage, or at the death
of the surviving parent. But no exceptions are
made in favor of collateral relations.
The case which came before the court was that of
the succession OF lgnace Hcbert, whose father
brother and sister, ascendants, claimed PARTITION
rs heirs, of three-fourths of the estate and which
was opposed by the widow, on the ground that she
could not be deprived Of her usufruct. The Court
held that the widow could not be deprived of her
life estate on the succession of her husband if his
relations were sole heirs, aud therefore could not.
being heirs of only threefourths of the estate that
the surviving spouse enjoys the usufuct of the COM
munity during ife to the exclusion Of collateral re-
aons IN all cases. to the exclusion of the issue of
the marriage, with Limitation N case of a second
marriage to the widowhood Of the surviving spouse.
but not to the exclusion Of descendants BY a pre-.
vious marriage who still take at the decease of the
ancestor; nor to the exclusion Of descendants that
Is, parents who are forced heirs and not grand pa
rents, who only inherit after collateral relations of
the first degree.
Kossuth is much stouter than when in vour citv.
and now enjoys healthy, ruddy complexion, which
shows he has greatly enjoyed his Western tour
The Board of Aldermen and Assistant Aldermen
convened yesterday, under new city government
vuIfh fbA nhA e
and organized by the appointing of officers and COM
mittees. Mr.. James Robb was elected President of
the upper Board, and DR.. Alpuente, Chairman of
the Board OF Assistants Mr.. Robb left in the Cher
okee, via Havana, for Philadelphia but. unfor.
tunately, left his baggage behind him, which did not
get on board in ime.
The brig Globe has arrived from San Juan de
Nicaragua bringing 40 passengers and $4,000 on
freight. She made the passage in seven DAYS and
ten hours, beating the steamers time. No news
" importance. ORPHEus.