Succession of Knighton
Succession of Knighton
Opinion of the Court
h Granted. Oleava K. Knighton died intestate, survived by her spouse, Weldon Knighton, and her grandson, Kevin Knigh-ton, born to her son from a previous marriage.
Unless dispensed with, a usufructuary is obligated “to give security” that he will prudently administer the property subject to the usufruct and faithfully fulfill all the obligations imposed by law. La. C.C. art. 571.
. In his opposition, Weldon explains: "Mrs. Knighton had a son, Preston Collins, prior to her marriage to Weldon Knighton. .[Preston], who died at the age of 23, ... was never adopted by [Weldon]. Kevin Knighton, born Morris, was purportedly formally acknowledged by Preston Collins.” Kevin is, therefore, Weldon’s stepgrandson. Note, if Kevin was Weldon’s son, security would be dispensed with by operation of law. See La. C.C. art. 573.
. “The usufructuary acquires the ownership of the [consumable] property subject to the usufruct, and, therefore, he is free to dispose of it as he sees fit, subject to certain obligations prescribed by law.” La. C.C. art. 538, Revision Comment (b)(1976). The usufructu-ary's legally prescribed obligations include the making of an inventory and the giving of security. See La. C.C. arts. 570 & 571. Therefore, "[b]efore the usufructuary is put into possession of the property subject to usu-fruct, he must ... make an inventory and give security, unless dispensed with by the grantor of the usufruct, the naked owner, or the law.” 3 A.N. Yiannopoulos, Louisiana Civil Law Treatise- Property § 4.1 (5th ed. 2011), citing La. C.C. arts. 570 & 571.
Reference
- Full Case Name
- SUCCESSION OF Oleava K. KNIGHTON
- Status
- Published