
    No. 5557.
    Rosalie Matchler et al. vs. the Bank of Lafayette.
    The surviving wife, whose husband died previous to the twenty-ilfth of March, 1844. has no right of usufruct in the half of the community property belonging to the children of herself and her deceased husband.
    APPEAL from the Sixth District Court, parish of Orleans, Saucier, J.
    
      Louque & Fernandez for plaintiffs and appellees.
    
      Breaux, Fenner & Hall for defendant and appellant.
   The opinion of the court was delivered by

Spencer, J.

This is an action of partition. The only question submitted and necessary to. decide is, whether the surviving widow has the usufruct of her children’s half of community property where the deceased husband died in 1841 ? The law conferring this right of usufruct on the surviving husband or wife did not exist in 1841, and was only enacted 25th March, 1844. See act No. 152 of 1844. On the death of the husband, therefore, in 1841, his half of the community vested, in full ownership, in his children, and the act of 1844 could not divest them of that right. Laws prescribe only for the future. C. C. The widow had no usufruct in this case.

We see no error in the judgment, and it is affirmed.  