Book III: Different ways of acquiring property

A pure and simple legacy will give the legatee, from the day of the testator’s death, a right to the thing bequeathed, a right transmissible to his heirs or successors in title. However, the legatee by particular title may only take possession of the thing bequeathed, or claim the fruits or interests thereof, from the day of his request for delivery, made in accordance with the order established by article…

The interest or fruits of the thing bequeathed shall accrue to the benefit of the legatee, from the day of death, and without his having made his claim in court: 1° Where the testator has expressly declared his will, in this respect, in the will; 2° Where a life annuity or pension has been bequeathed by way of maintenance.

The costs of the application for delivery shall be borne by the estate, without however resulting in any reduction of the legal reserve. Registration duties shall be payable by the legatee. All, if not otherwise ordered by the will. Each legacy may be registered separately, without such registration benefiting anyone other than the legatee or his successors in title.

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.