Marshall v. USA

*Circuit Judge of the Ninth Circuit, sitting by designation.
**Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 00-30503
_____________________
CHARLES D. MARSHALL, JR., as
executor of the estate of
Catherine E. Potts Marshall,
Plaintiff - Appellee-Cross-Appellant,
versus
UNITED STATES OF AMERICA,
Defendant - Appellant-Cross-Appellee.
_________________________________________________________________
Appeal from the United States District Court for the
Eastern District of Louisiana, New Orleans
USDC No. 98-CV-1013-I
_________________________________________________________________
March 7, 2001
Before FARRIS,* JOLLY, and DAVIS, Circuit Judges.
PER CURIAM:**
After reviewing the briefs and considering the arguments made
by the parties, we are convinced that the district court committed
no reversible error and therefore affirm the judgment.
We conclude, as did the district court, that the correct
interpretation of the will in this case is that it created a

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usufruct in the royalty payments and, consequently, an accounting
was owed by the usufructuary to the naked owners.
Furthermore, we conclude that the 1975 amendments to Article
194 had no effect on the rights of the naked owners because under
Article 214 of the Mineral Code, their rights to an accounting had
vested.
A F F I R M E D.

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