other heir, nor even by the legatees or creditors of the succession to which the collation is due.

ART. 1314. Such children or descendants only are obliged to collate, who have a right to a legitimate portion in the succession of their fathers, or mothers, or other ascendants.

Therefore natural children, inheriting from their mother or father, in the cases prescribed by law, are not liable to any collation between them, if they have not been expressly subjected to it by the donor, because the law gives them no right to a legitimate portion in their successions.

ART. 1315. If children, or other lawful descendants holding property or legacies to be collated, should renounce the inheritance of the ascendant, from whom they have received such property, they may retain the gift, or claim the legacy to them made, without being subject to any collation.

If, however, the remaining amount of the inheritance should not be sufficient for the legitimate portion of the other children, including in the estate of the deceased the property which the person renouncing would have collated, had he become heir, he shall then be obliged to collate up to the sum necessary to complete such legitimate portion.

ART. 1316. To make legitimate descendants liable to collation, as prescribed in the preceding articles, they must appear in the quality of heirs to the succession of the ascendant from whom they immediately have received the gift or legacy.

Therefore grand-childen, to whom a gift was made or a legacy left by their grand-father or grand-mother, after the death of their father or mother, are obliged to collate, when they are called to the inheritance of the grandfather or grand-mother, jointly with the other grandchildren, or by representation with their uncles or aunts,

brothers or sisters of their father or mother, because a legitimate portion is due to them in the estate of their grand-father or grand-mother, on which it is presumed that their grand-father or grand-mother had intended to make the gift, or leave the legacy by anticipation.

ART. 1317.-But gifts made or legacies left to a grandchild by his grand-father or grand-mother during the life of his father, are always reputed to be exempt from collation, because, while the father is alive, there is no legitimate portion due to the grand-child in the eslate of his grand-father.

The father, inheriting from the grand-father, is not liable to collate the gifts or legacies left to his child.

ART. 1318.-In like manner, the grand-child, when inheriting in his own right from the grand-father or grand-mother, is not obliged to refund the gifts made to his father, even though he should have accepted his succession; but if the grand-child comes in only by right of representation, he must collate what had been given to his father, even though he should have renounced his inheritance.

ART. 1319.-What has been said, in the three preceding articles, of grand-children inheriting from their grand-father or grand-mother, must be under stood of the great-grand-children and other lawful descendants called to inherit from their ascendants, either in their own name or by right of representation.

S II.

To whom the Collation is due, and what things are subject to it.

ART. 1320.-The collation is only made to the succession of the donor.

Thus, in case of a father having alone settled a dowry on one of his children, the collation is only due to his.

succession. But, if the father and mother have jointly settled the dowry, the collation is to be made by halves to each of their successions, conformably to the rules established in the title of the marriage contract.

ART. 1321.-Collation is due for what has been expended by the father and mother to procure an establishment for their legitimate descendant coming to their succession, for the settlement of dowry, or for the payment of his debt.

ART. 1322.-Neither the expenses of board, support, education and apprenticeship are subject to collation, nor are marriage presents which do not exceed the disposable portion.

ART. 1323.-The same rule is established with respect to things given by a father, mother or other ascendant, by their own hands, to one of their children for his pleasure or other use.

ART. 1324.-The heir is not bound to collate the profits he has made from contracts made with his ascendant to whom he succeeds, unless the contracts, at the time of their being made, gave the heir some indirect advantage.

ART. 1325.-Also no collation is due for a partnership made without fraud with the deceased, if the conditions of the partnership are proved by an authentic act.

ART. 1326.-The advantage, which a father bestows upon his son, though in any other manner than by donation or legacy, is likewise subject to collation. Thus, when a father has sold a thing to his son at a very low price, or has paid for him the price of some purchase, or has spent money to improve his son's estate, all that is subject to collation.

ART. 1327.-The obligation of collation does not exclude the child or descendant, coming to the succession of his father, mother or other ascendant, from claiming

wages which may be due to him for having administered the property of the ascendant, or for other services.

ART. 1328.-Real estate, given by a father, mother or other ascendant, to one of their children or descendants, and which has been destroyed by accident, while in the possession of the donee and without his fault, previous to the opening of the succession, is not subject to collation.

If, on the contrary, it is by the fault or negligence of the donee that the real estate has been destroyed, he is bound to collate to the amount of the value which the estate would have had at the time of the opening of the

succession.

S III.

How Collations are made.

ART. 1329.-Collations are made in kind or by taking less.

ART. 1330. The collation is made in kind, when the thing which has been given, is delivered up by the donee to be united to the mass of the succession.

ART. 1331.-The collation is made by taking less, when the donee diminishes the portion he inherits, in proportion to the value of the object he has received, and takes so much less from the surplus of the effects of the succession, which is carried into effect as is explained in the section which treats of partitions.

ART. 1332.-In the execution of the collation it must first be considered whether the things subject to it are moveable, real estate, or slaves.

ART. 1333.-If a real estate has been given, and the donee hath it in his possession, at the time of the partition, he has the choice to make the collation in kind or by taking less, unless the donor has imposed on him the condition of making the collation in kind, in which case it cannot he made in any other manner than that prescribed by the donor, unless it be with the consent of the

other heirs, who must be all of age, present, or represented in this State.

ART. 1334.-The donee, who collates real estate, which has been given to him in kind, must be reimbursed by his co-heirs for the expenses which have improved the estate, in proportion to the increase of value which it has received thereby.

ART. 1335.-The co-heirs are bound to allow to the donee the necessary expenses which he has incurred for the preservation of the estate, though they may not have augmented its value.

ART. 1336.-As to works made on the estate for the mere pleasure of the donee, no reimbursement is due to him for them, he has however the right to take them away, if he can do it without injuring the estate and leave things in the same situation they were at the time of the donation.

ART. 1337. Expenses made on real estates, are distinguished by three kinds : necessary, useful, and those for mere pleasure.

Necessary expenses are those which are indispensable to the preservation of the thing;

Useful expenses are those which increase the value of the estate, but without which the estate can be preserved; Expenses for mere pleasure are those which are only made for the accommodation or convenience of the proprietor or possessor of the estate, and which do not inestate its value,

ART. 1338.-The donee, who collates in kind the real estate given to him, is accountable for the deteriorations and damage which have diminished its value, when caused by his fault or negligence.

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ART. 1339. If within the time and in the form prescribed in the section which treats of portions, the donee has made his election to collate in kind the real etate which has been given to him, and it is afterwards