Supreme Court of Louisiana, 1974

Smith v. Succession of Smith

Smith v. Succession of Smith
Supreme Court of Louisiana · Decided October 25, 1974 · Barham, Dixon, Tate
302 So. 2d 32; 1974 La. LEXIS 4137 (Southern Reporter, Second Series)

Smith v. Succession of Smith

Dissenting Opinion

BARHAM, TATE and DIXON, JJ.,

are of the opinion the writ should be granted. The husband’s act of selling stock owned one-half in indivisión by his wife was null, insofar as the wife, and his estate must account to her for the enhanced value of the asset as of the time of her demand.

Opinion of the Court

In re: Mrs. Winnie Dean Smith, applying for certiorari, or writ of review, to the Court of Appeal, First Circuit, Parish of East Baton Rouge. 298 So.2d 146.

Writ denied. The result is correct.

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