Succession of Ferrand
Also decided on this docket: La. Ct. App. 1st Cir., April 15, 1981 398 So. 2d 121; La. Ct. App. 1st Cir., November 16, 1970 241 So. 2d 269; La. Ct. App. 1st Cir., December 29, 1953 69 So. 2d 625; La. Ct. App. 1st Cir., July 1, 1921 4 Pelt. 637; La., February 15, 1881 33 La. Ann. 226
Succession of Ferrand, 346 So. 2d 280 (La. Ct. App. 1st Cir. 1977).
Authorities cited
Identified automatically; this list may not be exhaustive.
- Canter v. Koehring Company 283 So. 2d 716
- In the Matter of Battiste 145 So. 2d 668
Opinion text
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.