within the third degree belonging to the line from which such property originated.

ART. 812. Ascendants succeed, to the exclusion of all other persons, to things given by them to their children or descendants who died without issue when the very objects donated are included in the inheritance. Should they have been alienated, they shall succeed to all the actions which the donee may have with regard to them, and to the value should they have been sold, or to the property by which they were substituted if they were bartered or exchanged.

ART. 813. A testator can not deprive the heirs of his legal portion except in the cases expressly fixed by law.

Neither can he impose upon it any burden, condition, or substitution of any kind whatsoever, with exception of what has been prescribed with regard to the usufruct of the surviving spouse.

ART. 814. The preterition of one or of all of the heirs, by force of law, in a direct line, either living at the time of the execution of the will or born after the death of the testator, shall void the designation of heir; but the legacies and betterments shall be valid, in so far as they are not illegal.

The preterition of the widower or widow does not annul the designation, but the person omitted shall preserve all the rights granted him by articles 834, 835, 836, and 837 of this Code.

If the omitted heirs by force of law die before the testator, the designation shall be valid.

ART. 815. The heir by force of law to whom the testator has left, for any reason whatsoever, less than the legal portion due him may demand the fulfillment thereof.

ART. 816. All renunciations or compromises with regard to a future legal portion between the persons owning it and their heirs by force of law are void, and the latter may claim it upon the death of the former; but they must bring into the collation whatever they may have received by reason of the renunciation or compromise.

ART. 817. Testamentary provisions impairing the legal portion of heirs by force of law shall be reduced on petition of the same in so far as they are illegal or excessive.

ART. 818. In order to determine the legal portion, the value of the property remaining on the death of the testator, after deducting all debts and charges, without including therein those imposed in the will, shall be taken into consideration.

To the net value of the hereditary estate shall be added the value of all the collationable gifts bestowed by the said testator at the time they were made.

ART. 819. Gifts made to children which are not betterments shall be considered as part of their legal portion.

Gifts made to strangers shall be charged to the free part of which the testator may have been able to dispose by his last will.

In so far as they be illegal or exceed the portion which can be disposed of, they shall be reduced according to the rules of the following articles.

ART. 820. After the legal portion has been fixed in accordance with the two foregoing articles, the reduction shall be made as follows:

1. Gifts shall be respected in so far as the legal portion can be covered, reducing or annulling, if necessary, the legacies made in the

2. The reductions of the latter shall be made pro rata, without any distinction whatsoever.

If the testator has ordered that a certain legacy be paid in preference to others, the former shall not suffer any reduction, until after the latter have been applied in full to the payment of the legal por

tion.

3. If the legacy consists of a usufruct or life annuity, the value of which may be considered greater than that of the portion which can be disposed of, the heirs by force of law may choose between complying with the testamentary provision or delivering to the legatee the part of the inheritance of which the testator could freely dispose. ART: 821. If the legacy subject to reduction should consist of an estate which can not be well divided, it shall go to the legatee, if the reduction does not absorb one-half of its value, and otherwise, to the heirs by force of law; but one shall pay the other what may be due them in cash.

A legatee having a right to a legal portion may retain the entire estate, provided its value does not exceed the amount of the portion which can be disposed of and the share pertaining to him by way of legal portion.

ART. 822. If the heirs or legatees do not wish to make use of the rights granted them in the foregoing article, any of them who did not have such right may exercise it; should he not wish to do so, the estate shall be sold at public auction at the instance of any of the persons interested.

SECTION SIXTH.-Betterments (mejoras).

ART. 823. The father or the mother may dispose of one of the two thirds destined as the legal portion in favor of one or more of their children or descendants.

This portion is called a betterment (mejora).

ART. 824. No other incumbrances can be imposed upon the betterment than those which may be established in favor of the heirs by force of law or their descendants.

ART. 825. No gift by contract inter vivos, either simple or for a valuable consideration, in favor of children or descendants who may be heirs by force of law shall be considered as a betterment if the donor has not expressly declared his intention to that effect.

ART. 826. The promise to give or not to give a betterment made in a public instrument of a marriage agreement shall be valid.

Any provision of the testator in contravention of the promise shall not have any effect.

ART. 827. The betterment, even if made with the delivery of the property, shall be revokable, unless it has been made in a marriage agreement or by a contract involving a valuable consideration made with a third person.

ART. 828. A bequest or legacy made by the testator to one of his children or descendants shall not be considered as a betterment, except when the testator has expressly declared such to be his intention or when it can not be included in the portion he can freely dispose of. ART. 829. A betterment may be given in a specified thing. If its value exceeds the third destined to the betterment and the share of

the legal portion corresponding to the person who receives the betterment, the latter must pay the difference in cash to the other persons interested.

ART. 830. The authority to give betterments can not be delegated to a third person.

ART. 831. Notwithstanding the provisions of the foregoing article, in marriage agreements it shall be valid to stipulate that if one of the spouses dies intestate, the widower or widow, who has not contracted a new marriage, may distribute, according to his or her prudent judgment, the property of the deceased, and give betterments in the same to the children in common, without prejudice to the legal portions and to the betterments given by the deceased while alive.

ART. 832. If the betterment should not have been granted in a specified thing it shall be paid out of the property of the inheritance, there being observed, in so far as possible, the rules established by articles 1061 and 1062, in order to procure equality of the heirs in the distribution of the property.

ART. 833. The legitimate child or descendant receiving a betterment may renounce the inheritance and accept the betterment.

SECTION SEVENTH.-Rights of the surviving spouse.

ART. 834. The widower or widow who, on the death of his or her spouse, is not divorced, or should be so by the fault of the deceased spouse, shall have a right to a portion in usufruct equal to that corresponding by way of legal portion to each of the legitimate children or descendants who have not received any betterment.

If one legitimate child or descendant only survives, the widower or widow shall have the usufruct of the third destined to the betterment, the former preserving the direct ownership until, on the death of the surviving spouse, the title is merged in him.

If the spouses should be separated by a suit for divorce, the result of the suit shall be awaited.

If there should have been a pardon or a reconciliation between the divorced spouses, the surviving one shall preserve his or her rights.

ART. 835. The hereditary portion, allotted in usufruct to the widowed spouse, must be taken from the third of the property destined to the betterments of the children.

ART. 836. Should the testator not leave any descendants, but only ascendants, the surviving spouse shall have a right to the third of the estate in usufruct.

This third shall be taken from the free half, the testator being allowed to dispose of the ownership of the same.

ART. 837. If the testator should leave neither legitimate ascendants nor descendants, the surviving spouse shall be entitled to one-half of the estate also in usufruct.

ART. 838. The heirs may satisfy the surviving spouse for his or her part of usufruct, assigning to him or her a life annuity, or the proceeds from specified property, or a sum in cash, making a mutual agreement, and, in the absence thereof by virtue of a judicial mandate. Until this has been done all property of the inheritance shall be liable for the payment of the part of the usufruct pertaining to the surviving spouse.

ART. 839. In case of the survival of the children of two or more marriages, the usufruct pertaining to the widowed spouse of the second marriage shall be taken from the third at the free disposal of the parents.

SECTION EIGHTH.-Rights of illegitimate children.

ART. 840. When the testator leaves legitimate children or descendants, and natural children, legally acknowledged, each of the latter shall have a right to one-half of the portion pertaining to each of the legitimate children who have not received any betterment, provided it can be included in the third which may be freely disposed of, from which it must be taken, after the burial and funeral expenses have been deducted.

The legitimate children may pay the portion pertaining to the natural ones in cash, or in other property of the estate, according to just rules.

ART. 841. Should the testator not leave any legitimate children or descendants, but legitimate ascendants, the acknowledged natural children shall have a right to one-half of the part of the estate which can be freely disposed of by the testator.

This is understood without prejudice to the legal portion of the surviving spouse, in accordance with article 836; so that when the spouse survives with acknowledged natural children, what may be lacking to make up their legal portion shall be awarded to them as a naked property right during the life of the spouse.

ART. 842. When the testator leaves no legitimate descendants or ascendants, the acknowledged natural children shall be entitled to a third of the inheritance.

ART. 843. The rights granted natural children by the foregoing article are transmitted on their death to their legitimate descendants. ART. 844. The hereditary portion of children legitimized by royal concession shall be equal to that established by law in favor of acknowledged natural children.

ART. 845. Illegitimate children who have not the character of natural children shall be entitled to support only.

The obligation of the person who is to support them shall be transmitted to his or her heirs, and shall continue until said children attain their majority, and in case they should be incapacitated, while the incapacity lasts.

ART. 846. The right of succession which the law grants natural children extends reciprocally in similar cases to the natural father or mother.

. ART. 847. The gifts which the natural child may have received during its life from its father or mother shall be charged to its legal portion.

Should they exceed the third which can be freely disposed of, they shall be reduced in the manner prescribed in article 817 et seq.

SECTION NINTH.-Disinheritance.

ART. 848. Disinheritance can only take place for one of the reasons expressly fixed by law.

ART. 849. Disinheritance can only be made in a will mentioning therein the legal reason on which it is based.

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.