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the name of institution of heir, or under the name of legacy, shall have its effect, according to the rules hereafter established for universal legacies, for legacies under an universal title, and for particular legacies.
Of Universal Legacies.
ART. 1600.-When, at the decease of the testator, there are heirs to whom a certain proportion of the properly is reserved by law, these heirs are seized of right, by his death, of all the effects of the succession, and the üniversal legatee is bound to demand of them the delivery of the effects included in the testament.
ART. 1601.–Nevertheless, in the same case, the universal legatee will have the enjoyment of the effects included in the testament, from the day of the decease, if the demand for the delivery has been made within a year from that period; if not, this enjoyment will only com. mence from the day of the judicial demand, or from the day on which the delivery has been agreed upon.
Art. 1602.-When, at the decease of the testator, there are no heirs, to whom a proportion of his property is reserved by law, the universal legatee, by the death of the testator, is seized of right of the effects of the succession, without being bound to demand the delivery thereof.
ART. 1603. The universal legatee, who concurs with an heir to whom the law has reserved a certain proportion of the effects of the succession, is bound for the debts and charges of the succession personally for his part and proportion, and in case of mortgage on his part, for the
whole; and he is bound to discharge all the legacies, saving the case of reduction.
Of Legacies under an Universal Title. ART. 1604.-The legacy, under an universal lille, is that by which a testator bequeaths a certain proportion of the effects of which the law permits him to dispose, as an half, a third, or all his immoveables, or all his moveables, or a fixed proportion of all his immoveables or of all his moveables.
ART. 1605.—Legatees under an universal title are bound to demand the delivery of the heirs, to whom a proportion of the effects is reserved by law; in default of heirs, of the universal legalees; and in default of those, of the next heirs in the order established in the title of successions.
ART. 1606. – The legatee under an universal title is bound, like the universal legalee, for the debts and charges of the succession, personally for his part, and in case of mortgage on his portion, for the whole.
ART. 1607.-When the testator has disposed only of a proportion of the disposable portion, and has done it under an universal title, the legatee under this title is bound to contribute with his natural heirs to the payment of particular legacies.
ART. 1608.-In no case can the instituted heir, under whalever title he may be, claim the falcidian portion, that is, the fourth which the law authorized the testamentary heir to retain from the succession, in case more than three-fourths of it were absorbed by the legacies; this right being abolished.
Of Disinherison. ART. 1609.-Forced heirs inay be deprived of their legitime, or legal portion, and of the seisin granted them by law, by the effect of disinherison by the testator, for just cause, and in the manner hereafter prescribed.
ART. 1610.— A disinherison, to be valid, must be made in one of the forms prescribed for testaments. ** ART. 1611.– The disinherison must be made by name and expressly, and for a just cause, otherwise it is null.
ART. 1612.—There are no just causes of disinherison but those expressly recognized by law, in the following articles.
ART. 1613.—The just causes for which parents may disinherit their children, are ten in number, to wit:
1. If the child has raised his or her hand to strike the parent, or if he or she has really struck the parent; but a mere threat is not sufficient;
2. If the child has been guilty, towards a parent, of cruelty, of a crime or grievous injury;
3. If the child has attempted to take the life of either parent;
4. If the child has accused a parent of any capital crime, except, however, that of high treason ;
5. If the child has refused sustenance to a parent, having the means to afford it;
6. If the child has neglected to take care of a parent, become insane;
7. If the child refused to ransom them, when detained in captivity;
8. If the child used any act of violence or coercion to hinder a parent from making a will;
9. If the child has refused to become security for a 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 cause.
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 disinherisou 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 testamentar 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 yoluntarily 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 restilution.
ART. 1622.- The legatee who, of his own authority, takes possession of his legacy, is bound to restore the