Cited by

Ann. 6S6, and , in which it was held that a widow must be in necessitous circumstances at the time her suit is filed in order to recover the $1,009 allowed under the Civil Code, art. 3252, were over *350 ruled by Succession of White, 29 La.

risdiction shall also extend to all cases involving homestead exemptions irrespective of the amount involved.” We make that suggestion because the privilege granted to widows and minor children in necessitous circumstances, by article 3252 of the Civil Code, is sometimes referred to as the widow’s “homestead,” or “homestead privilege,” as in the syllabus of the opinion in .

In , it was held that, where the widow dies without making claim to the “homestead privilege,” the right lapsed and her heirs could not successfully make claim for the amount; that the privilege was not heritable; and in Franek v. Brewster, 141 La.

Ann. 495, 496 ; Succession of Robertson , and others of like merit; Chivers vs. Roger 50 La.

Ann. 686 , which had been cited with approval in ), is not inconsistent with our holding, in accordance with the statute, that the widow has no right to demand and receive the $1,000 in her own name, after having married again.

“ ‘It has been held that a widow, to succeed in her .claim for the marital fourth, must be in necessitous circumstances at the time of the death of her husband.’ .