Page images
PDF
EPUB

ART. 1673.- The powers of the testamentary executor do not go to his heirs.

ART. 1674.-If there be several executors who have accepted, any one of them may act for them all, but they shall all be jointly and severally accountable for the property subject to the executorship, unless the testator has divided their functions, and each of them has confined himself to that which to him was allotted.

ART. 1675.—The expenses incurred by the executor for affixing the seals, for the inventory, for the accounts and the other charges relative to his functions, shall be defrayed out of the succession.

ART. 167 6.-An executor who has had the seisin of all the estate of the succession, whether he were charged to sell it or not, shall be entitled, for his trouble and care, to a commission of two and a half per cent on the whole amount of the estimate of the inventory, making a deduction for what is not productive, and for what is due by insolvent debtors.

ART. 1677.-If the executor has not had a general seisin, his commission shall only be on the estimated value of the object which he has had in his possession, and on the sums put into his hands for the purpose of paying the legacies and other charges of the will.

ART. 1678.-'The commission shall be shared among the executors, if there be several, and if their functions are not divided by the testalor.

In this latter case, they shall be entitled to a commission on what has fallen to the administration of each respectively.

ART. 1679.–Testamentary executors, to whom the testator has bequeathed any legacies or other gifts by his will, shall not be entitled to any commission, unless the testator has formally expressed the intention that they should have the legacies over and above their commission.

ART. 1680.-In no case shall the commission allowed

to the testamentary executors affect the legitime reserved to the forced heirs of the testators.

ART. 1681.–Testaments made in foreign countries and other states of the Union, cannot be carried into effect on property in this State, without being registered in the court within the jurisdiction of which the property is situated, and the execution thereofordered by the judge.

ART. 1682.-This order of execution shall be granted without any other form than that of registering the testament, if it be established that the testament has been duly proved before a competent judge of the place where it was received. In the contrary case, the testament cannot be carried into effect, without its being first proved before the judge of whom the execution is demanded.

SECTION V.

Of the Revocation of Testaments and of their Caducity.

ART. 1683.- Testaments are revocable at the will of the testator until his decease.

The testator cannot renounce this right of revocation nor obligate himself to exercise it only under certain words and restrictions, and if he does so, such declaration shall be considered as not written.

ART. 1684.-The revocation of testaments by the act of the testator is express or tacit, general or particular.

It is express when the testator has formally declared in writing that he revokes his testament, or that he revokes such a legacy or a particular disposition.

It is facit, when it results from some other disposition of the testator, or from some act which supposes a change of will.

It is general, when all the dispositions of a testament are revoked.

It is particular, when it falls on some of the disposi‘ions only, without touching the rest.

ART. 1685.- The act by which a testamentary disposition is revoked, must be made in one of the forms prescribed for testaments, and clothed with the same formalities.

ART. 1686.-Posterior testaments, which do not in an express manner, revoke the prior ones, annul in the latter only such of the dispositions there contained as are incompatible with the new ones, or contrary to them, or entirely different.

ART. 1687.- A revocation made in a posterior testament has its entire effect, even though this new act remains without execution, either through the incapacity of the person instituted, or of the legatee, or through his refusal to accept it; provided it is regular as to its form.

ART. 1688.-A donation inter vivos or a sale made by the testator of the whole or a part of the thing bequeathed as a legacy, amounts to a revocation of the testamentary disposition, for all that has been sold or given, even though the sale or donation be null, and the thing have returned into the possession of the testator, whether by the effects of that nullity, or by any other means.

ART. 1689.-The sale, made by the testator, of an object bequeathed, even by act under private signature, after the date of the testament, produces a revocation of the legacy, if the act be entirely written, signed and dated with his hand.

ART. 1690.–The testamentary disposition becomes without effect, if the person instituted or the legatee does not survive the teslalor.

ART. 1691.—Every testamentary disposition made on a condition depending on an uncertain event, so that in the intention of the testator the disposition shall take place only inasmuch as the event shall or shall not happen, is without effect, if the instituted heir

[ocr errors]

or the legatee dies before the accomplishment of the condition.

ART. 1692.-A condition which, in the intention of the testator, does but suspend the execution of the disposition, does not hinder the instituted heir or the legatee from having a right acquired and transmissible to his heirs.

ART. 1693.– The legacy falls if the thing bequeathed has totally perished during the life time of the testator.

ART. 1694.-It likewise falls, if the thing has perished since his death, without the act or fault of the heir, although the latter may have delayed to deliver it, when it must equally have perished in the possession of the legatee.

ART. 1695.—In case of an alternative legacy of two things, if one of them perishes, the legacy subsisls as to that which remains.

ART. 1696.–The testamentary disposition falls, when the instiluted heir or the legatee rejects it, or is incapable of receiving it.

ART. 1697.-Legatees under an universal title, and legatees under a particular title, benefit by the failure of those particular legacies which they were bound to discharge.

ART. 1698.-The testament falls by the birth of legitimate children of the testator, posterior to its date.

ART. 1699.—The right of accretion relative to testamentary dispositions, shall no longer subsist, except in the cases provided for in the two following articles.

ART. 1700.-Accretion shall take place for the benefit of the legatees, in case of the legacy being made to several conjointly.

The legacy shall be reputed to be made conjointly, when it is made by one and the same disposition without the testator's having assigued the part of such co-legatee in the thing bequeathed.

ART. 1701.-It shall also be reputed to be made conjointly, when a thing, not susceptible of being divided without deterioration, has been given by the same act to several persons, even separately.

ART. 1702.-Except in the cases prescribed in the two preceding articles, every portion of the succession remaining undisposed of, either because the testator has not bequeathed it, either to a legatee or to an instituted heir, or because the heir or the legatee has not been able, or has not been willing to accept it, shall devolve upon the legitimate heirs.

ART. 1703.-The same causes which, according to the foregoing provisions of the present title, authorize an action for the revocation of a donation inter vivos, are sufficient lo ground an action of revocation of testamentary dispositions ; provided, however, that no charges or conditions can be imposed by the testator on the legitimate portion of forced heirs, nor can they lose their inheritance for any act of ingratitude to the testator, prior to his decease. That he has not disinherited them shall be sufficient evidence of his having forgiven the offence.

ART. 1704.-If the action be founded on a grievous injury done to the memory of the testator, it must be brought within a year from the day of the offence.

SECTION VII.

General Rules for the Interpretation of Legacies.

ART. 1705.- In the interpretation of acts of last will, the intention of the testator must principally be endeavoured to be ascertained, without departing, however, from the proper signification of the terms of the testament.

ART, 1706.--A disposition must be understood in the sense in which it can have effect, rather than that in which it can have none.

« PreviousContinue »