Title II: Liberalities

The heirs of the testator, or other debtors of a legacy, shall be personally liable to pay it, each in proportion to the share and portion from which they benefit in the estate. They shall be mortgaged for the whole, up to the value of the immovables of the estate of which they are holders.

The thing bequeathed will be delivered with the necessary accessories and in the condition it will be in on the day of the donor’s death.

Where a person who has bequeathed the ownership of an immovable, has subsequently increased it by acquisitions, such acquisitions, even if contiguous, shall not, without a new provision, be deemed to form part of the legacy. The same shall not apply to embellishments, or new constructions made on the bequeathed land, or to an enclosure of which the testator has increased the enclosure. .

If, before the will or since, the thing bequeathed has been mortgaged for a debt of the succession, or even for the debt of a third party, or if it is encumbered by a usufruct, the person who must pay the legacy is not bound to release it, unless he has been instructed to do so by an express provision of the testator.

Where the testator has bequeathed the thing of another, the bequest shall be void, whether or not the testator knew that it did not belong to him.

Where the bequest is of an indeterminate thing, the heir is not obliged to give it of the best quality, nor may he offer it of the worst.

A bequest made to a creditor shall not be deemed in set-off against his claim, nor a bequest made to a servant in set-off against his pledges.

The legatee by particular title shall not be liable for the debts of the succession, except for the reduction of the legacy as aforesaid, and except for the mortgage action of the creditors.