parties to the judge, having cognizance of the partition, for his decision thereon.

ART. 1291.-If there are several minors, who have opposite interests in the partition and who have the same tutor or curator, there shall be appointed to each of them a special tutor, whose functions shall cease as soon as the partition is terminated.

Emancipated minors must also be assisted by a special curator during the proceeding of the partition before the notary.

ART. 1292.-The rules established for the division of estates to be divided, are equally applicable to the subdivisions to be made between the individual co-proprietors claiming under the same root.

ART. 1293.-No partition is made of the passive debts of the succession, each heir remains bound for the part he takes in the succession; but in order to equalize the shares, those heirs, who take the largest allotments, may be charged with the payment of a larger portion of the debts.

ART. 1294. — Partitions, made agreeably to the above rules by tutors or curators of minors, or by curators of interdicted or absent persons, are definitive; but they are only provisional, if the rules have not been oberved. ART. 1295. When the partition is only provisional, absentees, minors, persons interdicted and married women may, if they find themselves injured thereby, demand that another be made, as provided by the section relative to the rescision of partitions.

A minor may institute this action, even before he attains the age of majority, but a married woman cannot attack the provisional partition made by her husband, until the dissolution of their community.

ART. 1296.When the partition has been terminated by the notary, one of the parties must deposit an authentic copy thereof in the office of the judge who has

ordered the partition, and make a motion that his coheirs be summoned to show cause, if any they have, in ten days after notice of the order of the judge, to that effect, why the partition should not be homologated.

ART. 1297. If the co-heirs, thus notified, have any objections to make against the manner in which the partition has been made, they are bound to file a written opposition to the homologation, within the time given them for that purpose, and they are bound to state in that opposition the errors, vices and irregularities which they believe the partition contains to their prejudice.

ART. 1298. — If the judge finds that this opposition is well founded in whole or in part, he shall order the partition to be rectified accordingly, and shall refer the parties to the notary, who shall make a supplementary act of partition in conformity with the decision of the judge, of which an authentic copy shall be deposited in the office of the judge, in the same manner as the original act is ordered to be deposited.

ART. 1299. If, on the contrary, the judge finds that the opposition of the co-heirs is not well founded, he shall order the act of partition to be homologated, which shall be final between the parties, provided the formalities of the law have been fulfilled.

ART. 1300. The form, in which the notary is directed to make the act of partition, as is above described, is not a matter of such strict law that nullity results from the act, in case of this officer making any change in the form; provided all the provisions of the law relating to the formation of the accounts between the parties, the deductions, the composition of the mass of the succession, the appointment and oaths of the experts, the making and drawing of the lots, have been observed in the partition, and the parties interested therein, or their representatives, have been duly notified to be present at the

same.

ART. 1301. After the partition, delivery must be

made to each of the co-heirs, of the title papers of the objects fallen to his share.

The title papers of a divided property remain in the possession of the heir who has the most considerable part of it, under the obligation of producing them, when required by the co-proprietors of the other part of the property.

Titles, common to the whole inheritance, shall be delivered to the person chosen by all the heirs to be the depositary of them, on condition of producing them as often as required. If they should not agree on that choice, such deposit shall be made by the order of the judge.

ART. 1302. If, after the partition, a discovery should be made of some property not included in it, the partition must be amended or made over again, either in totality, or of the discovered property alone.

appears,

ART. 1303.-If, after the partition, an heir whose death has been presumed on account of his long absence, or whose right was not known, as if a second testament unknown until then, should entitle him to inherit with the others, the first partition must be annulled, and mother must be made of all the property remaining in kind, and of the value of whatever has been consumed or alienated, in order that he may have the share of the whole to which he is entitled.

ART. 1304. Alt the rules, established in the present section, with the exception of that which relates to the collations, are applicable to partitions between co-proprietors of the same thing, when among the co-proprietors any are absent, minors, or interdicted, or when the co-proprietors of age and present cannot agree on the partition and on the manner of making it.

But in these kinds of partition, the action must be brought before the judge of the place where the property to be divided is situated, wherever the parties interested may be domicilated.

SECTION II.

Of Collations.
SI.

What Collation is, and by whom it is due.

ART. 1305.-The collation of goods is the supposed or real return to the mass of the succession, which an heir makes of property which he received in advance of his share or otherwise, in order that such property may be divided together with the other effects of the succession.

ART. 1306.-Children or grandchildren, coming to the succession of their fathers, mothers, or other ascendants, must collate what they have received from them by donation inter vivos, directly or indirectly, and they cannot claim the legacies made to them by such ascendants, unless the donations and legacies have been made to them expressly as an advantage over their co-heirs, and besides their portion.

This rule takes place whether the children or their descendants succeed to their ascendants as legal or as testamentary heirs, and whether they have accepted the succession unconditionally, or with the benefit of inventory.

ART. 1307.-The obligation of collating is founded on the equality which must be naturally observed between children and other lawful descendants, who divide among them the succession of their father, mother, and other ascendants; and also on the presumption that what was given or bequeathed to children by their ascendants, was so disposed of in advance of what they might one day expect from their succession.

ART. 1308.-Collation must take place whether the donor has formally ordered it, or has remained silent on

the subject; for collation is always presumed, where it has not been expressly forbidden.

ART. 1309.-But things given or bequeathed to children or other descendants by their ascendants, shall not be collated, if the donor has formally expressed his will, that what he thus gave, was an advantage or extra part, unless the value of the object given exceed the disposable portion, in which case the excess is subject to collation.

ART. 1310.-The declaration that the gift or legacy is made, as an advantage or extra portion, may be made, not only in the instrument where such disposition is contained, but even afterwards by an act passed before a notary and two witnesses.

ART. 1311.-The declaration that the gift or legacy is intended as an advantage or extra portion, may be made in other equivalent terms, provided they indicate, in an unequivocal manner, that such was the will of the donor.

ART. 1312.-If, upon calculation of the value of advantages thus given, and of the other effects remaining in the succession, such remaining part should prove insufficient to give to the other children their legitimate portion, the donee would then be obliged to collate the sum by him received, as far as necessary to complete such portion, though he would wish to keep the donation and renounce the inheritance; and in this calculation of the legitimate portion, the property given or bequeathed by the ascendants, not only to their children, but even to all other persons, whether relations or strangers, must be included.

ART. 1313.-The obligation of collating is confined to children or descendants succeeding to their fathers and mothers or other ascendants, whether ab intestato or by virtue of a testament.

Therefore this collation cannot be demanded by any.