# Giroir v. Dumesnil

> Supreme Court of Louisiana · February 23, 1966 · 248 La. 1037

URL: https://www.frixlaw.com/law-library/cases/9688930

## Case

- **Full name:** Lenus A. GIROIR Et Al. v. Frank A. DUMESNIL Et Al.
- **Court:** Supreme Court of Louisiana
- **Decided:** February 23, 1966
- **Citations:** 248 La. 1037; 184 So. 2d 1; 21 A.L.R. 3d 765; 1966 La. LEXIS 2434
- **Precedential status:** Published
- **Opinion:** Dissent by Hawthorne
- **Judges:** Sanders, Hawthorne, McCaleb
- **Cited by:** 30 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/9688930

## Opinion text

HAWTHORNE, Justice
(dissenting).
I am in accord with the reasoning and the conclusion of the district judges and the Court of Appeal that the contested provision of Mr. Dumesnil’s will bequeath *1061 ed to his wife a usufruct rather than the fee ownership of his property. This conclusion is reached from the wording of the will and without resort to extrinsic evidence. I do not think that the court should disregard and write out of the will the words “enjoyment and usufruct during her life”. The last clause, “to do with, enjoy and dispose of as she pleases, and as a thing belonging to her” (which seems to have caused most of the trouble), would have been completely unnecessary if the fee ownership were being given.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9688930. Public record. Not legal advice.