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those who are emancipated, can, with the same authorisation and with the assistance of their curators, sue for the partition of estates in which they are interested.
ART. 1237.-But the authorisation of the judge is not necessary to enable tutors or curators of minors or persons interdicted, or minors above the age of puberty, or emancipated, to answer suits for partition brought against them.
ART. 1238.-With regard to the absent co-heirs, the curators who have been appointed to them, or the relations who have been put inlo possession of their effects, can sue or be sued for a partition, as representing in every respect the absent heirs.
ART. 1239.—Married women, even if they be separated in estate, cannot institute a suit for partition without the authorisation of their husbands or of the judge.
But no authorisation is necessary, if they are separated from bed and board, or divorced from their husbands.
ART. 1240.--The husband can, without the concurrence of his wife, cause the definitive partition of the moveable effects of the succession falling to her, if, by the marriage contract, her present and future effects are settled on her as dowry.
But in such case he cannot, without the concurrence of his wife, compel the definitive partition of the immoveable property of a succession falling to her, and which form part of her dowry. Any partition thus made will be merely provisional.
But the co-heirs, of whom the partition is demanded, can render it definitive by making the wife a party to the suit for partition.
On the other hand, the co-heirs of the wife cannot compel her to a partition yrithout making her and her husband a party to the suit..
ART. 1241.—Not only the co-heir himself, but the heirs of that co-heir, and any other successor can com
pel a partition of the estale, and be themselves compelled to make it.
ART. 1242.—The right given by the ancient laws 10 the heirs of a deceased person, to compel the assignee or purchaser of a portion of the succession sold by their co-heirs to retrocede it to them for the price paid for it, is repealed.
ART. 1243.-Il is not necessary, to support the action of partition, that the co-heirs, or the party commencing it, should be in actual possession of the succession or of the thing to be divided; for among coheirs and co-proprietors, it is not the possession but the property, which is the basis of the action.
ART. 1244.--Il follows from the provisions of the preceding article that the partition can be demanded, even though one of the heirs should have enjoyed some part of the estate separately, if there has been no act of partition, nor possession sufficient to acquire prescription.
ART. 1215.—If all the heirs are of age and present or represented, the partition may be made in such form and by such an act as the parties inlerested agree upon.
ART. 1246.-If, on the contrary, all the heirs are not present, if there be among them minors or persons interdicted, or if all the heirs of age and present do no agree to the partition or on the manner of making it, it shall be made judicially and in the form hereafter prescribed.
ART. 1247.-Every judicial partition shall be preceded by an inventory, in which the effects to be divided shall be appraised, according lo the form prescribed for public inventories. ,
ART. 1218.—The public inventory, which may have been made by the parties interested at a time not exceeding one year previous to the suit for a partition, shall serve as the basis of the partition, unless one of the heirs demands a new appraisement, and proves that the effects mentioned in the inventory have not been estimated at their just price, or at the value they have acquired since the date of this acl.
ART. 1249.-In this case the judge is bound to order a new appraisement of the effects to be divided, which shall be made by experts appointed by him to that effect, and duly sworn by the notary, who is appointed to make the procès-verbal of the appraisement.
ART. 1250.—The action of partition and the contestations which may arise in the course of the proceedings, are to be brought before the judge of the place where the succession is opened, though one of the parties interested may have his domicil out of the jurisdiction of the judge.
ART. 1251.–The judge, before whom the action of partition is brought, is bound to pronounce thereon in a summary manner, by which is always meant with the least possible delay, and in preference to the ordinary suits pending before him.
ART. 1252.—The suit for partition ought to be instituted by the heir who wishes the division; the co-heirs or their representatives must be cited, in order that the partition may be ordered, and the form thereof delermined, if there should be any dispute in this respect.
ART. 1253.—He who sues another for a partition of the effects of a succession, confesses thereby that the person against whom the suit is brought, is an heir.
ART. 1254.-If a partition is to be made among the children or descendants of the deceased, and one of the heirs alleges that his co-heir is bound to collate a piece of real properly, which has been given him by the deceased, and requires that his co-heir should decide on the manner in which he wishes to make this collation, the
judge, if it be proved that the co-heir is bound to collate the property, shall order that the donee decide thereon, within a term to be fixed by the judge, which cannot exceed three days from the day on which the order has been notified to him, if he or his representative is found in the place.
ART. 1255.-If the donee, who is bound to collate a piece of real estate given him by the deceased, declare within the term fixed, as aforesaid, that he will return it in kind, the property, from that instant, becomes united to the other effects of the succession which is to be divided.
ART. 1256.-But if the donee declare that he will not relurn the real estate, which has been given him, but will take his share in the effects of the succession, after deducting the value of such real estate, or if he permits the term granted to him to make his decision, to expire, without deciding on the manner in which he will make his collation, he shall lose the right of returning this property in kind.
ART. 1257.-Whether the donee has decided that he will collate in kind or by deduction, the co-heirs, to whom the collation is due, have the right, as soon as the donee has decided thereon, to require and obtain an order that the property subject to the collation be appraised, as is prescribed in the following section, in order that it may be included among the effects to be divided for the sum at which it is appraised.
Art. 1258.-All points, arising before the judge having cognizance of the suit for partition on the manner of making the collation or other operation relating to the partition, being merely incidental to the suit, shall be decided on the simple motion of the party interested in having them decided, the same being duly notified to the other heirs or their attornies, and a reasonable time being granted to answer thereto.
Art. 1259.—The judge who decides on a suit for a
partition and on the mode of effecting it, has a right to regulate this mode as may appear to him most convenient and most advantageous for the general interest of the coheirs, in conformity, nevertheless, with the following provisions.
ART. 1260.-Each of the co-heirs may demand in kind his share of the moveables and immoveables of the succession; but if there are creditors who have made any seizure or opposition, or if a majority of the co-heirs are of opinion that the sale is necessary in order to satisfy the debts and charges of the succession, the moveables shall be sold at public auction, after the usual advertise
ART. 1261.-When the property is indivisible by its nature, or when it cannot be conveniently divided, the judge shall order, at the instance of any one of the heirs, on proof of either of these facts, that it be sold at public auction, after the time of notice and advertisements prescribed by law, and in the manner hereinafter prescribed.
ART. 1262.-It is said that a thing cannot be conveniently divided, when a diminution of ils value, or loss or inconvenience of one of the owners, would be the consequence of dividing it.
ART. 1263.-When the effects of a succession are to be sold, in order to effect a partition, if all the heirs of the deceased are absent, minors or interdicted, the judge may, at the instance of the tutors and curators of these heirs, and on the advice of the meeting of the family of those of the heirs who are minors interdicted, order the sale to be made on certain terms of credit and on proper securily, unless the payment of the debts of the succession require that the sale be made for cash.
ART. 1264.If there be, among the heirs of the deceased, any who are of age and present, and who demand that the sale be made for cash, it shall be made for cash, for a sufficient sum to cover the portion coming to them, and