# Eskine v. Eskine

> Louisiana Court of Appeal · April 14, 1987 · 506 So. 2d 1250

URL: https://www.frixlaw.com/law-library/cases/7557808

## Case

- **Full name:** Beverly Louise Chatelain ESKINE v. Wilmer Douglas ESKINE
- **Court:** Louisiana Court of Appeal
- **Decided:** April 14, 1987
- **Citations:** 506 So. 2d 1250; 1987 La. App. LEXIS 9371
- **Precedential status:** Published
- **Opinion:** Dissent by Edwards
- **Judges:** Blanc, Edwards, Watkins
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7557808

## Opinion text

EDWARDS, Judge,
dissenting.
It is beyond dispute that Mrs. Eskine is entitled to half of the pension benefits. The trial court held that the benefits were community property, and that judgment is definitive. It is ludicrous to say that Mrs. Eskine owns this property, but that she cannot get it. I do not believe that the exemption from seizure rule was intended to keep a person entitled to benefits (as opposed to a creditor) from getting her own property.
As owner of half of the proceeds of the pension benefits, Mrs. Eskine is a member of the group the statutes were designed to protect. A statute should not be interpreted in such a way as to defeat its purpose. I respectfully dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7557808. Public record. Not legal advice.