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parent, having the means, in order to take him out of prison;

10. If the son or daughter, being a minor, marries without the consent of his or her parents.

ART. 1614.–The ascendants may disinherit their legitimate descendants, coming to their succession, for the first nine causes expressed in the preceding article, when the acts of ingratitude there mentioned have been committed towards them, instead of towards their parents ; but they cannot disinherit their descendants for the latter


ART. 1615. — Legitimate children, dying without issue, and leaving a parent, cannot disinherit him or her, unless for the seven following causes , to wit:

1. If the parent has accused the child of a capital crime, except, however, the crime of high treason;

2. If the parent has attempted to take the child's life;

3. If the parent has, by any violence or force, hindered the child from making a will;

4. If the parent has refused sustenance to the child in necessity, having the means of affording it;

5. If the parent has neglected to take care of the child, while in a state of insanity;

6. If the parent has neglected to ransom the child, when in captivity;

7. If the father or mother have attempted the life the one of the other, in which case the child or descendant, making a will, may disinherit the one who has attempted the life of the other.

ART. 1616.— The testator must express in the will for what reasons he disinherited his forced heirs or any of them, and the other heirs of the testator are moreover obliged to prove the facts on which the disinherison is founded, otherwise it is null.

ART. 1617.-When all the forced heirs have been legally disinherited, the heir instituted universally is

seized in full right of the succession, without being bound to demand the delivery of it, in the same manner as if there were no forced heirs, conformably to what is prescribed above.


Of Particular Legacies. ART. 1618.-Every legacy, not included in the definition before given of universal legacies and legacies under an universal title, is a legacy under a particular title.

ART. 1619.-Every legacy under a particular title gives to the legatee, from the day of the testator's death, a right to the thing bequeathed, which right may be transmitted to his heirs or assigns; and this takes place as well in testamentary dispositions, universal or under an universal title, as in those made under a particular title.

Nevertheless, the particular legatee can take possession of the thing bequeathed, or claim the proceeds or interest thereof, only from the day the demand of delivery was formed, according to the order herein before established, or from the day on which that delivery was voluntarily granted to him.

ART. 1620.—The legatee is not bound to demand the delivery of the legacy, if the thing bequeathed to him is in his possession at the time of the opening of the succession, but he his bound to give it up for the purpose of contributing to the payment of debts, in case it be liable

for any

ART. 1621. -Neither is the testamentary executor, who has the seisin of the effects of the succession, and who is at the same time a legatee, bound to demand the delivery of his legacy : he can retain it in his possession, subject to the same restitution.

ART. 1622.- The legatee who, of his own authority, takes possession of his legacy, is bound to restore the

fruits and pay the interest of all monies of which he may have possessed himself.

ART. 1623.–The delivery of legacies under a particular tille must be demanded of the testamentary executor, who has the seisin of the succession. If the testamenlary executor has not the seisin, or if his functions have expired, the legatees must apply to the heirs.

ART. 1624.-The interest or proceeds of the thing bequeathed shall accrue to the benefit of the legatee, from the day of the decease, without his having brought suit for the same :

1. When the testator has expressly declared in his will to that effect;

2. When an annuity or pension has been bequeathed by way of maintenance.

ART. 1625.—The costs of suing for delivery shall be at the charge of the succession unless the testator has directed otherwise, and provided also that those costs shall cause no deduction of the legitime reserved to the forced heirs.

ART. 1626.-The heirs of the teslator, or the debtor's of a legacy, shall be personally bound to discharge it, each in proportion to the part that falls to him in the succession.

They shall be bound by mortgage for the whole, to the amount of the value of the immoveable property of the succession withheld by them.

ART. 1627.-Particular legacies must be discharged in preference to all others, even though they exhaust the whole succession, or all that remains aster the payment of the debts and the contributions for the legitimate portion, in case there are forced heirs.

ART. 1628.-If the effects do not suffice to discharge the particular legacies, the legacies of a certain object must be first taken out. The surplus of the effects must then be proportionally divided among the legatees of sums of money, unless the testator has expressly declared that such a legacy shall be paid in preference to the rest, or that the legacy is given as a recompense for services.

ART. 1629.—Thelegacy bequeathed shall be delivered with every thing that appertains to it, in the condition in which it was on the day of the donor's decease.

ART. 1630.-When a person, who has bequeathed the property of an immoveable, has afterwards augmented it by new purchases, the property so purchased, though it be contiguous, shall not, without a new disposition, be considered as making part of the legacy.

It is otherwise as to improvements or new buildings raised on the ground bequeathed, or an inclosure of which the testator has enlarged the area.

ART. 1631.—If prior to the testament or subsequently, the thing has been mortgaged by the testator for his own debt or for that of another, or if it be burthened with an usufruct, he who is to pay the legacy is not bound to discharge the thing bequeathed of the incumbrance, unless he be required to do it by an express disposition of the testator.

ART. 1632.-When the testator has bequeathed a thing belonging to another person, the legacy shall be null, whether the testator knew or knew not that the thing did not belong to him.

ART. 1633.-When the legacy is of an indeterminate thing, the heir is not obliged to give it of the best quality, nor can he offer it of the worst.

ART. 1634.-A legacy made to a creditor shall not be deemed to be in compensation of the debt, nor a legacy made to a servant in compensation of his wages.

ART. 1635.—The legatee hy a particular title shall not be liable to the debts of the succession, except the reduction of the legacies as is before provided, and except the action of mortgage of the creditors.

ART. 1636.—The legacy of a certain object is extinguished by the loss of the object; but if the object is only destroyed in part, as if a house bequeathed has been destroyed by fire, the legacy subsists for what remains, that is, for the land on which it was situated.


Of the Opening and the Proof of Testaments, and of

Testamentary Executors. ART. 1637.—No testament can have effect, unless it has been presented to the judge of the parish in which the testator died, if he died within the State, or in which his principal estates lie, if he died out of the State; the judge shall order the execution of the testament after its being opened and proved, in the cases prescribed

by law.

ART. 1638.—The execution of a testament shall not be ordered, until the decease of the testator has been sufficiently proved to the judge to whom the testament is presented.

ART. 1639.—When the decease of the testator has been sufficiently proved to the judge, to whom the testament is presented, he shall immediately proceed to open it, if it be sealed, and to the proof of it in presence of the notary and the witnesses who were present at the making of it, and who are on the spot, or duly called.

ART. 1640. — Nuncupative testaments, received by public acts, do not require to be proved, that their execution may be ordered; they are full proof of themselves, unless they are alleged to be forged.

ART. 1641. – Nuncupative testaments under private signature, cannot be executed, until they have been proved by the declaration on oath of at least three of the witnesses, who were present when they were made.

ART. 1642.-The declaration of the wilnesses required for such proof must state in substance, not only that they recognize the testament presented to them as being the

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