Roy v. Latiolas

Rost, J.,

dissenting. I am unable to distinguish between the two dispositions of the will in this case.

An estate for life is not a usufruct. By the terms of the donation, the son has no title or claim which he could transmitió his heirs if he died before his mother; she is charged to preserve and to return the property. This is one of the substitutions prohibited by law.

I am of opinion that the judgment ought to be affirmed.