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In re Succession of Firmin

938 So.2d 209 (2006)

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In re Succession of Firmin

Louisiana Court of Appeal

938 So.2d 209 (2006)

Facts

Albert Firmin died in 2003. In his will, Mr. Firmin left his wife, Valerie Firmin (plaintiff) his household belongings and servitude rights for use and habitation of their home. The terms of the will set forth that Mrs. Firmin had to act as a prudent administrator of the house, pay the taxes, make all reasonable repairs, and maintain property insurance. Mr. Firmin’s will also created a trust for the benefit of his two adult daughters from a previous marriage. Ownership of the home and all of Mr. Firmin’s other property was placed in the trust. Mr. Firmin’s sister, Henrynne Louden (defendant) was the executrix of the succession. Some months after Mr. Firmin’s death, Mrs. Firmin filed a motion seeking to compel Ms. Louden, as the executrix, to pay the mortgage on the home. Ms. Louden filed a counter motion alleging that Mrs. Firmin was responsible for paying the mortgage. The trial court held that there was no legal authority requiring Mrs. Firmin to pay the mortgage based on her servitudes of use and habitation. Ms. Loudon appealed, alleging that Mrs. Firmin, as a person with the right of use and habitation, had an affirmative obligation under the Louisiana Civil Code to pay the interest due on the mortgage.

Rule of Law

Issue

Holding and Reasoning (Love, J.)

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