Succession of Ferrand

Louisiana Court of Appeal

Succession of Ferrand

346 So. 2d 280, 1977 La. App. LEXIS 3693

CourtLouisiana Court of Appeal

DecidedMay 17, 1977

DocketNo. 8096

StatusPublished

Cited by1 cases

This text of 346 So. 2d 280 (Succession of Ferrand) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Succession of Ferrand, 346 So. 2d 280, 1977 La. App. LEXIS 3693 (La. Ct. App. 1977).

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Opinion

REDMANN, Judge.

Because there is testimony from two neighbors that decedent and his legatee were living together in a sexual relationship a year before his last illness and from a number of witnesses that the legatee sought to defeat an eviction proceeding by testifying that she was the “common-law wife” of decedent, the trial judge’s conclusion of open concubinage is supported by the record and we cannot substitute our judgment for his; Canter v. Koehring, La. 1973, 283 So.2d 716.

The fact that the legatee maintained her apartment in a public housing project (using it also for some of her work as a cosmetician) cannot of itself defeat the concubinage’s openness. A simple conflict of evidence does not prevent a conclusion of open concubinage by the trial judge; Succession of Battiste, La.App. 4 Cir. 1962, 145 So.2d 668, cert. denied.

Affirmed.

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REDMANN, Judge.

Because there is testimony from two neighbors that decedent and his legatee were living together in a sexual relationship a year before his last illness and from a number of witnesses that the legatee sought to defeat an eviction proceeding by testifying that she was the “common-law wife” of decedent, the trial judge’s conclusion of open concubinage is supported by the record and we cannot substitute our judgment for his; Canter v. Koehring, La. 1973, 283 So.2d 716.

The fact that the legatee maintained her apartment in a public housing project (using it also for some of her work as a cosmetician) cannot of itself defeat the concubinage’s openness. A simple conflict of evidence does not prevent a conclusion of open concubinage by the trial judge; Succession of Battiste, La.App. 4 Cir. 1962, 145 So.2d 668, cert. denied.

Affirmed.

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346 So. 2d 280, 1977 La. App. LEXIS 3693, Counsel Stack Legal Research, https://law.counselstack.com/opinion/succession-of-ferrand-lactapp-1977.

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