ART. 850. The proof of the truth of the reason for disinheritance shall be established by the heirs of the testator should the disinherited person deny it.

ART. 851. Disinheritance made without a statement of the reason, or for a reason the truth of which, if contradicted, should not be proven or which should not be one of those mentioned in the four following articles, shall annul the designation of heirship in so far as it prejudices the person disinherited, but the legacies, betterments, and other testamentary provisions, in so far as they do not prejudice said legal portion, shall be valid.

ART. 852. Sufficient causes for disinheritance are, in the respective cases, those of disqualification to succeed by reason of unworthiness, mentioned in Nos. 1, 2, 3, 5, and 6 of article 756.

ART. 853. Besides those specified in Nos. 2, 3, 5, and 6 of article 756 for the disinheritance of children and descendants, legitimate as well as natural, the following shall be sufficient causes:

1. For having refused, without legal cause, support to the father or ascendant who disinherits him.

2. For having used personal violence or words of gross insult against the testator.

3. If the daughter or granddaughter has become a prostitute. 4. For having been condemned for a crime punished by the penalty of civil interdiction.

ART. 854. Besides the causes mentioned in Nos. 1, 2, 3, 5, and 6 of article 756, the following shall also be sufficient causes for disinheriting parents or ascendants, either legitimate or natural:

1. The loss of the parental authority for the causes mentioned in article 169.

2. The refusal of support to the children or descendants without legal cause.

3. An attempt of one of the parents against the life of the other, should they not have become reconciled.

ART. 855. Besides the causes mentioned in Nos. 2, 3, and 6 of article 756, the following shall also be sufficient cause for disinheriting a

spouse:

1. Those which are a cause for divorce according to article 105. 2. Those which are a cause for the loss of the parental authority in accordance with article 169.

3. The refusal to support the children or the other spouse.

4. An attempt against the life of the spouse making the will, should there not have been a reconciliation.

In order that the causes which are reasons for divorce may also be causes for disinheritance, it is necessary that the spouses do not live under the same roof.

ART. 856. A subsequent reconciliation of the offender with the offended deprives the latter of the right to disinherit and renders a disinheritance already made without effect.

ART. 857. The children of the person disinherited shall take his or her place and shall preserve the rights of heirs by force of law with regard to the legal portion, but the disinherited parent shall not have the usufruct nor the administration of the property of the

same.

SECTION TENTH.-Legacies and bequests.

ART. 858. A testator may charge with legacies and bequests, not only his heir, but also the legatees.

The latter shall not be liable for the charge only to the extent of the value of the legacy.

ART. 859. When the testator charges one of the heirs with a legacy the latter only shall be obliged to fulfill the same.

Should he not charge any one in particular, all shall be liable in the same proportion in which they may be heirs.

ART. 860. The person who is obliged to deliver the legacy shall be liable, in case of eviction, if the thing is undetermined and is designated only in class or kind.

ART. 861. The legacy of another's property, when the testator knew at the time of bequeathing it that it was not his, is valid. The heir is obliged to acquire it for delivery to the legatee; and should it not be possible for him to do so to pay the latter its just value.

The proof that the testator knew that the thing was another's lies with the legatee.

ART. 862. If the testator did not know that the thing he bequeathed was another's the legacy shall be void.

But it shall be valid should he acquire it after the execution of the will.

ART. 863. A legacy made to a third person of a thing belonging to the heir or to a legatee shall be valid, and they, on accepting the succession, must deliver the thing bequeathed or its just value, with the limitation established in the following article.

The provisions of the foregoing paragraphs are understood without prejudice to the legal portion of the heirs by force of law.

ART. 864. When the testator, heir, or legatee have only a part or a right in the thing bequeathed, the legacy shall be understood as limited to said part or right, unless the testator expressly declares that he bequeathed the thing in its entirety.

ART. 865. A legacy of things which are not marketable is void. ART. 866. The legacy of a thing, which at the time of the execution of the will already belonged to the legatee, even though another person has some right thereto, shall not have any effect.

If the testator expressly orders that the thing should be freed from this right or charge the legacy shall be valid in that respect.

ART. 867. Should the testator bequeath something which is pledged or mortgaged for the security of a recoverable debt, the payment of the latter shall be made by the heir.

If the legatee should pay said debt because the heir has not done so, the former shall be subrogated in the place and rights of the creditor to proceed against the heir.

Any other charge, perpetual or temporary, for which the thing bequeathed is liable, passes with it to the legatee, but in either case the income and interest earned up to the time of the death of the testator are a lien on the inheritance.

ART. 868. If the thing bequeathed should be subject to usufruct, use, or occupancy, the legatee must respect said rights until they are legally extinguished.

ART. 869. The legacy shall have no effect:

1. If the testator changes the thing bequeathed in such manner that it does not retain either the form or the denomination it previously had.

2. If the testator alienates, for any consideration or reason whatsoever, the thing bequeathed or a part thereof, it being understood, in the latter case, that the bequest is without effect only with regard to the part alienated. If, after the alienation, the thing should revert to the ownership of the testator, even though it were by reason of the nullity of the contract, the bequest shall not be valid, after such fact, excepting the case in which the reacquisition takes place on account of an agreement of resale.

3. If the thing bequeathed is entirely lost during the life of the tastator or after his death, without the fault of the heir. Nevertheless, the person obliged to pay the legacy shall be liable for the eviction, if the thing bequeathed should not have been determined in kind in accordance with the provisions of article 860.

ART. 870. The legacy of a credit against a third person or of a release or waiver of a debt of the legatee shall be valid only with regard to that part of the credit or debt existing at the time of the death of the testator.

In the first case, the heir shall perform by assigning to the legatee all the actions he may have against the debtor.

In the second, by giving the legatee a receipt, should he request

one.

In both cases the legacy shall include the interest which may be due the testator at the time of his death on the credit or debt.

ART. 871. The legacy referred to in the foregoing article is void if the testator, after having made it, should sue the debtor for the payment of his debt, even if said payment should not have been made at the time of the death.

Only the right of pledge is waived by the legacy made to the debtor of a thing pledged.

ART. 872. The generic legacy of waiver or release of debts includes those existing at the time of the execution of the will, and not subsequent ones.

ART. 873. A legacy made to a creditor shall not be considered as a payment of his credit, unless the testator should so expressly declare. In such case, the creditor shall have a right to collect the excess of the credit or of the legacy.

ART. 874. In alternative legacies the provisions for obligations of the same kind shall be observed, excepting the modifications arising from the express will of the testator.

ART. 875. A legacy of generic personal property shall be valid even though there may not be things of the same kind in the estate.

A legacy of undetermined real estate shall be valid only if there is such property in the estate.

The heir shall have the right of option, and shall perform by giving a thing which may not be either of inferior or superior quality.

ART. 876. Whenever the testator expressly leaves an option to the heir or to the legatee, the former may give or the latter may select what he may consider best.

ART. 877. If the heir or legatee can not make the choice, in case it has been granted him, his right shall pass to the heirs; but a choice. once made shall be irrevocable.

ART. 878. If the thing bequeathed belonged to the legatee at the date of the will the legacy shall be void, even though it may have been alienated subsequently.

If the legatee has acquired it for a good consideration after said date he can claim nothing for it; but if it should have been acquired for a valuable consideration, he may demand of the heir an indemnity for what he may have given to acquire it.

ART. 879. A legacy for education lasts until the legatee is of age. That for support lasts during the life of the legatee, if the testator does not dispose otherwise.

If the testator has not fixed any sum for said legacies, it shall be fixed in accordance with the position and condition of the legatee and the amount of the inheritance.

If the testator was, during his life, in the habit of giving the legatee a certain sum of money or other things by way of support, the same amount shall be considered as bequeathed unless it is greatly disproportionate with the amount of the estate.

ART. 880. If a periodical pension, or a fixed annual, monthly, or weekly sum is bequeathed, the legatee may demand the first payment upon the death of the testator, and the following ones at the beginning of each period, without any right of reimbursement, even though the legatee should die before the expiration of the period begun.

ART. 881. A legatee acquires a right to the pure and simple legacies from the death of the testator, and transmits it to his heirs.

ART. 882. If the legacy is of a specific and determined thing, belonging to the testator, the legatee acquires the ownership thereof from the death of the former, as well as the fruits or income due, but not those due and unpaid before said death.

The thing bequeathed shall, from the same instant, be at the risk of the legatee, who, therefore, shall bear its loss or impairment, as well as being benefited by its increase or improvement.

ART. 883. The thing bequeathed shall be delivered, with all its accessories and in the condition in which it may have been on the death of the testator.

ART. 884. If the bequest should not be of a specific and determined thing, but generic or of quantity, its fruits and interest from the death of the testator shall belong to the legatee if the testator should have expressly so ordered.

ART. 885. The legatee can not take possession of the thing bequeathed of his own authority, but must request its delivery and possession of the heir or of the executor, when the latter should be authorized to give it.

ART. 886. The heir shall deliver the thing bequeathed if he is able to do so, and does not perform by paying its value.

Legacies in cash must be paid in specie, even though there be none in the estate.

The necessary expenses for the delivery of the thing bequeathed shall be for the account of the estate, but without prejudice to the legal portion.

ART. 887. If the assets of the estate should not be sufficient to cover all the legacies, their payment shall be made in the following order: 1. Remunerative legacies.

2. Legacies of specified and determined things forming a part of the estate.

3. Legacies which may have been declared by the testator as pre- . ferred.

4. Those for support.
5. Those for education.
6. All others pro rata.

ART. 888. If the legatee can not or should not wish to accept the bequest, or said bequest for any reason should not be valid, it shall be merged into the whole of the estate, excepting cases of substitution and rights of accretion.

ART. 889. The legatee can not accept a part of the legacy and repudiate the other part, should the latter be onerous to him.

Should he die before accepting the legacy, leaving several heirs, one of them may accept and another repudiate the part pertaining to him in the legacy.

ART. 890. A legatee of two legacies, one of which is onerous, can not renounce the latter and accept the former. If both are either onerous or gratuitous, he is free to accept all of them or repudiate the one he wishes.

The heir who is at the same time a legatee may renounce the inheritance and accept the legacy, or renounce the latter and accept the former.

ART. 891. If the entire estate is distributed in legacies, the debts and charges of the same shall be charged to the legatees, pro rata in proportion to their shares, unless the testator should have provided otherwise.

SECTION ELEVENTH.-Executors.

ART. 892. A testator may appoint one or more executors. ART. 893. A person who is not qualified to bind himself can not be an executor.

A married woman may be an executrix with the consent of her husband, which shall not be necessary should she be legally separated from him.

A minor can not be an executor, not even with the authorization of the father or of the guardian.

ART. 894. Executors may be universal or special.

In any case executors may be appointed either severally, successively, or jointly.

ART. 895. Should the executors be appointed severally, only those acts performed by all of them together, or by one of them legally authorized by the others, shall be valid; and, in case of disagreement, when the act has been agreed to by the majority.

ART. 896. In cases of extreme urgency, one of the several executors may, under his personal liability, perform the acts which may be necessary, giving notice thereof immediately to the others.

ART. 897. If the testator should not clearly establish the appointment of joint executors nor determine the order in which they are to discharge their duties, it shall be understood that they have been