A legacy made by a spouse may not exceed his or her share in the community.
If a spouse has bequeathed an item from the community, the legatee may claim it in kind only to the extent that the item, by the event of partition, falls within the lot of the testator’s heirs; if the item does not fall within the lot of those heirs, the legatee has the reward of the total value of the bequeathed item, out of the share, in the community, of the heirs of the testator spouse and out of the latter’s personal property.