reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter III - Substitution (§§ 2301 — 2316) › § 2315 - Investment of funds in charitable works

A provision imposing upon an heir the obligation of periodically investing specified sums in charitable works, as dowries for poor maidens, pensions for students, or in favor of the poor, or for any charitable institution, or of public instruction, shall be valid under the following conditions:
If the charge is imposed on real property and is temporary, the heir or heirs may dispose of the encumbered estate, the lien not being removed until its record is canceled.
If the charge is perpetual, the heir may capitalize it and invest the capital at interest in a first and sufficient mortgage.
The funding and investment of the principal shall be made with the intervention of the Governor of Puerto Rico, and after hearing the Secretary of Justice.
In any case, if the testator should not have established an order for the administration and application of the legacy for charity, the proper administrative authority, according to law, shall do it.
History —Civil Code, 1930, § 717;.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter III - Substitution (§§ 2301 — 2316) › § 2316 - Provisions as to heirs applicable to legatees

All that is prescribed in this chapter with regard to heirs shall also be applicable to legatees.
History —Civil Code, 1930, § 718.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter IV - Designation of Heirs and Legacies Conditionally or for a Term (§§ 2331 — 2346) › § 2331 - Conditional testamentary provisions

Testamentary provisions, either by universal or special title, may be made conditionally.
History —Civil Code, 1930, § 719.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter IV - Designation of Heirs and Legacies Conditionally or for a Term (§§ 2331 — 2346) › § 2332 - Rules governing conditions

The conditions imposed upon heirs and legatees shall be governed by the rules established for conditional obligations in all that is not prescribed in this subchapter.
History —Civil Code, 1930, § 720.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter IV - Designation of Heirs and Legacies Conditionally or for a Term (§§ 2331 — 2346) › § 2333 - Impossible conditions and those contrary to law, etc

Impossible conditions and those contrary to law and good morals shall be considered as not imposed and shall not prejudice the heir or legatee in any manner whatsoever, even when the testator disposes otherwise.
History —Civil Code, 1930, § 721.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter IV - Designation of Heirs and Legacies Conditionally or for a Term (§§ 2331 — 2346) › § 2334 - Condition not to contract marriage

The absolute condition of not contracting a first or subsequent marriage shall be considered as not imposed, unless such condition has been imposed on the widower or widow by the deceased spouse, or by the ascendants or descendants of the same.
Nevertheless, usufruct, use, or habitation, or a pension or personal services may be bequeathed to a person for the time during which he or she remains unmarried or widowed.
History —Civil Code, 1930, § 722.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter IV - Designation of Heirs and Legacies Conditionally or for a Term (§§ 2331 — 2346) › § 2335 - Condition to make will in favor of testator or another person

A provision made under the condition that the heir or legatee shall make in his will some provision in favor of the testator or of another person shall be void.
History —Civil Code, 1930, § 723.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter IV - Designation of Heirs and Legacies Conditionally or for a Term (§§ 2331 — 2346) › § 2336 - Compulsory condition

A purely compulsory condition imposed upon the heir or legatee must be fulfilled by him when, after the death of the testator, he is informed thereof.
The case is excepted in which the condition has already been fulfilled and therefore cannot be carried out anew.
History —Civil Code, 1930, § 724.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter IV - Designation of Heirs and Legacies Conditionally or for a Term (§§ 2331 — 2346) › § 2337 - Casual or mixed condition

When the condition is casual or mixed, it shall be sufficient if it be fulfilled or complied with at any time during the life or after the death of the testator, unless he has ordered otherwise.
Should it have existed or should it have been fulfilled at the time of the execution of the will and the testator did not know it, it shall be considered as fulfilled.
If he had knowledge thereof, it shall be considered as fulfilled only when of such nature that it can no longer exist or be carried out anew.
History —Civil Code, 1930, § 725.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter IV - Designation of Heirs and Legacies Conditionally or for a Term (§§ 2331 — 2346) › § 2338 - Statement of object of designation not a condition

The statement of the object of the designation or of the legacy or the application to be given to what has been left by the testator, or the charge imposed by the same, shall not be considered as a condition, unless it appears that such was his will.
What has been left in this manner may be immediately claimed and is transmissible to the heirs who may secure the fulfillment of the orders of the testator and the repayment of what they may have received, with its fruits and interest, should they fail to comply with this obligation.
History —Civil Code, 1930, § 726.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter IV - Designation of Heirs and Legacies Conditionally or for a Term (§§ 2331 — 2346) › § 2339 - Action if terms of testator cannot be complied with

If, without the fault or a personal act of the heir or legatee, the designation or the legacy referred to in the foregoing section cannot be complied with in the exact terms ordered by the testator, it shall be fulfilled in a manner as nearly analogous and in conformity with his will as possible.
When the person interested in its fulfilment or nonfulfilment should prevent its compliance without fault or a personal act of the heir or legatee, the condition shall be considered as fulfilled.
History —Civil Code, 1930, § 727.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter IV - Designation of Heirs and Legacies Conditionally or for a Term (§§ 2331 — 2346) › § 2340 - Conditions precedent

Conditions precedent do not prevent the heir or legatee from acquiring their respective rights and transmitting them to their heirs, even before their fulfilment.
History —Civil Code, 1930, § 728.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter IV - Designation of Heirs and Legacies Conditionally or for a Term (§§ 2331 — 2346) › § 2341 - Negative condition, security for compliance

If the compulsory condition imposed upon the heir or legatee is a negative one, or of not giving or not doing something, they shall fulfill it by giving security that they will not do or give what was prohibited by the testator, and that in case of contravention they will return what they have received, with its fruits and interest.
History —Civil Code, 1930, § 729.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter IV - Designation of Heirs and Legacies Conditionally or for a Term (§§ 2331 — 2346) › § 2342 - Administration of estate until condition fulfilled

If the heir is designated under a condition precedent, the estate shall be placed in administration until the condition is complied with or until there is a certainty that it cannot be fulfilled.
The same shall be done when the heir or legatee should not give the security, in the case of the foregoing section.
History —Civil Code, 1930, § 730.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter IV - Designation of Heirs and Legacies Conditionally or for a Term (§§ 2331 — 2346) › § 2343 - Administration of estate until condition fulfilled—By unconditional heirs

The administration referred to in the foregoing section shall be intrusted to the heir or heirs, unconditionally designated, when among them and the conditional heir there exists the right of accretion. The same shall be understood with regard to legatees.
History —Civil Code, 1930, § 731.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter IV - Designation of Heirs and Legacies Conditionally or for a Term (§§ 2331 — 2346) › § 2344 - Administration of estate until condition fulfilled—By conditional heir, presumptive heir, or third person

If the conditional heir has no coheirs, or, having them, there does not exist the right of accretion among them, the former shall take charge of the administration upon giving security.
Should he not give it, the administration shall be conferred upon the presumptive heir, also giving security; and should neither of them give security, the court shall appoint a third person to take charge of it, also giving security, which shall be given with the intervention of the heir.
History —Civil Code, 1930, § 732.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter IV - Designation of Heirs and Legacies Conditionally or for a Term (§§ 2331 — 2346) › § 2345 - Rights and obligations of administrator

These administrators shall have the same rights and obligations as administrators of the property of an absentee.
History —Civil Code, 1930, § 733.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter IV - Designation of Heirs and Legacies Conditionally or for a Term (§§ 2331 — 2346) › § 2346 - Statement of time when designation begins or ceases

A statement of the day or time when the effect of the designation of heir or legatee shall begin or cease shall be valid.
In either case the legal successor shall be considered as designated until the period fixed arrives or expires. But in the first case the latter shall not enter into possession of the property until after having given sufficient security with the intervention of the heir designated.
History —Civil Code, 1930, § 734.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter V - Legal Portions (§§ 2361 — 2376) › § 2361 - Legal portion defined

A legal portion is that part of the property which the testator cannot dispose of because the law has reserved it for specified heirs, called on that account heirs by force of law.
History —Civil Code, 1930, § 735.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter V - Legal Portions (§§ 2361 — 2376) › § 2362 - Forced heirs defined

Forced heirs are:
(1) Legitimate children and descendants, with regard to their legitimate parents and ascendants, and legally recognized natural children, with regard to their natural or legitimate parents and ascendants.
(2) In the absence of the foregoing, the legitimate parents and ascendants, with regard to their legitimate children and descendants.
(3) The widower or widow, in the manner and extent established in §§ 2411, 2412, 2413 and 2414 of this title. As to his or her right to a portion in usufruct, a widower or widow is a forced heir of the estate of the deceased spouse. Id.
In order to determine the usufruct reserved by law for the widow, the value of the property remaining upon the death of the testator, after deducting all debts and charges, without including therein those imposed in the will, shall be taken into consideration. Id.
A testator cannot condition the enjoyment of the legal portion of his widow. Diaz v. Luciano, 1962, 85 P.R.R. 804.
The widow’s usufructuary quota is the legal portion which the law reserves for the surviving spouse, who is a forced heir. Luce & Co. v. Cianchini, 1954, 76 P.R.R. 155.
History —Civil Code, 1930, § 736; May 14, 1947, No. 447, p. 944, eff. 90 days after May 14, 1947.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter V - Legal Portions (§§ 2361 — 2376) › § 2363 - Legal portion of children and descendants

The legal portion of legitimate children and descendants is composed of two thirds of the hereditary estate of the father and of the mother.
Nevertheless, the latter may dispose of one of the two thirds forming the legal portion in order to apply it as an additional portion to their legitimate or their legally recognized natural children and descendants.
The remaining third shall be at their free disposal.
History —Civil Code, 1930, § 737; May 4, 1949, No. 171, p. 544, eff. 90 days after May 4, 1949.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter V - Legal Portions (§§ 2361 — 2376) › § 2364 - Legal portion of parents or ascendants

The legal portion of the parents or ascendants is constituted by one half of the hereditary estate of the children and descendants. The latter may unrestrictedly dispose of the other half, with the exception of what is established in § 2413 of this title.
History —Civil Code, 1930, § 738.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter V - Legal Portions (§§ 2361 — 2376) › § 2365 - Division between parents or among ascendants

The legal portion reserved to the parents shall be divided between both equally; if one of the parents should have died, the surviving one shall receive the whole.
If the testator leaves neither a father nor a mother, but ascendants in the same degree on the paternal or maternal side, the estate shall be divided equally between both lines. If the ascendants should be of a different degree, it shall wholly belong to the nearest ones of either line.
History —Civil Code, 1930, § 739.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter V - Legal Portions (§§ 2361 — 2376) › § 2366 - Succession of ascendants to things given their descendants

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.
History —Civil Code, 1930, § 740.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter V - Legal Portions (§§ 2361 — 2376) › § 2367 - Heir cannot be deprived of legal portion

A testator cannot deprive the heir 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.
History —Civil Code, 1930, § 741.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter V - Legal Portions (§§ 2361 — 2376) › § 2368 - Omission of lawful heir; omission of spouse

The omission of any or all the lawful heirs in the line of descent, whether they be living at the time of the execution of the will, or whether they are born after the death of the testator, shall annul the institution of an heir, but bequests and improvements* shall be valid as long as they are not inofficious.
The omission of the widower or widow does not annul the institution of the heir, but the omitted party shall preserve the rights which this title grants to him.
If the omitted lawful heirs should predecease the testator, the institution of the heir shall be effective.
History —Civil Code, 1930, § 742; June 30, 1978, No. 88, p. 273.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter V - Legal Portions (§§ 2361 — 2376) › § 2369 - Right of heir to demand full legal portion

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 fulfilment thereof.
History —Civil Code, 1930, § 743.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter V - Legal Portions (§§ 2361 — 2376) › § 2370 - Renunciation or compromise of future legal portion

All renunciations or compromises with regard to a future legal portion between the persons owing 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 there renunciation or compromise.
History —Civil Code, 1930, § 744.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter V - Legal Portions (§§ 2361 — 2376) › § 2371 - Testamentary provisions impairing legal portion

Testamentary provisions impairing the legal portion of heirs by force of law shall be reduced on petition of the same insofar as they are illegal or excessive.
History —Civil Code, 1930, § 745.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter V - Legal Portions (§§ 2361 — 2376) › § 2372 - Determination of legal portion

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.
History —Civil Code, 1930, § 746.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter V - Legal Portions (§§ 2361 — 2376) › § 2373 - Gifts considered part of legal portion

Gifts made to children which are not advantages or extra portions 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.
Insofar as they be illegal or exceed the portion which can be disposed of, they shall be reduced according to the rules of the following sections.
History —Civil Code, 1930, § 747.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter V - Legal Portions (§§ 2361 — 2376) › § 2374 - Manner of reducing legacies

After the legal portion has been fixed in accordance with the two foregoing sections, the reduction shall be made as follows:
(1) Gifts shall be respected insofar as the legal portion can be covered, reducing or annulling, if necessary, the legacies made in the will.
(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 portion.
(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 provisions or delivering to the legatee the part of the inheritance of which the testator could freely dispose.
History —Civil Code, 1930, § 748.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter V - Legal Portions (§§ 2361 — 2376) › § 2375 - Estate not easily divided; legatee entitled to legal portion

If the legacy subject to reduction should consist of an estate which cannot 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.
History —Civil Code, 1930, § 749.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter V - Legal Portions (§§ 2361 — 2376) › § 2376 - Rights of heirs and legatees

If the heirs or legatees do not wish to make use of the rights granted them in the foregoing section, 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.
History —Civil Code, 1930, § 750.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter VI - Advantages or Extra Portions (§§ 2391 — 2400) › § 2391 - Advantage or extra portion defined

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 an advantage or extra portion.
No other encumbrances can be imposed upon the advantage or extra portion than those which may be established in favor of the forced heir or their descendants.
History —Civil Code, 1930, § 751.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter VI - Advantages or Extra Portions (§§ 2391 — 2400) › § 2392 - Gifts inter vivos not considered advantage or extra portion

No gift by contract inter vivos, either gratuitous or for a valuable consideration, in favor of children or descendants, who may be forced heirs shall be considered as an advantage or extra portion, if the donor has not expressly declared his intention to that effect.
History —Civil Code, 1930, § 752.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter VI - Advantages or Extra Portions (§§ 2391 — 2400) › § 2393 - Promise in marriage agreement

The promise to give or not to give an advantage or extra portion 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.
History —Civil Code, 1930, § 753.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter VI - Advantages or Extra Portions (§§ 2391 — 2400) › § 2394 - Revocation of advantage or extra portion

The advantage or extra portion, even if made with the delivery of the property, shall be revocable, unless it has been made in a marriage agreement or by a contract involving a valuable consideration made with a third person.
History —Civil Code, 1930, § 754.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter VI - Advantages or Extra Portions (§§ 2391 — 2400) › § 2395 - Bequest or legacy, how considered

A bequest or legacy made by the testator to one of his children or descendants shall not be considered as an advantage or extra portion, except when the testator has expressly declared such to be his intention, or when it cannot be included in the portion he can freely dispose of.
History —Civil Code, 1930, § 755.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter VI - Advantages or Extra Portions (§§ 2391 — 2400) › § 2396 - Advantage or extra portion in specified thing

An advantage or extra portion may be given in a specified thing. If its value exceeds the third destined to the advantage or extra portion and the share of the legal portion corresponding to the person who receives the advantage or extra portion, the latter must pay the difference in cash to the other persons interested.
History —Civil Code, 1930, § 756.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter VI - Advantages or Extra Portions (§§ 2391 — 2400) › § 2397 - Authority cannot be delegated

The authority to give advantages or extra portions cannot be delegated to a third person.
History —Civil Code, 1930, § 757.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter VI - Advantages or Extra Portions (§§ 2391 — 2400) › § 2398 - Authority cannot be delegated—Exception as to marriage agreements

Notwithstanding the provisions of the foregoing section, 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 advantages or extra portions in the same to the children in common, without prejudice to the legal portions and to the advantages or extra portions given by the deceased while alive.
History —Civil Code, 1930, § 758.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter VI - Advantages or Extra Portions (§§ 2391 — 2400) › § 2399 - Payment when not granted in specified thing

If the advantage or extra portion should not have been granted in a specified thing it shall be paid out of the property of the inheritance, there being observed, insofar as possible, the rules established by §§ 2880 and 2881 of this title, in order to procure equality of the heirs in the distribution of the property.
History —Civil Code, 1930, § 759.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter VI - Advantages or Extra Portions (§§ 2391 — 2400) › § 2400 - Renunciation of inheritance to accept advantage or extra portion

The legitimate child or descendant receiving an advantage or extra portion may renounce the inheritance and accept the advantage or extra portion.
History —Civil Code, 1930, § 760.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter VII - Rights of Surviving Spouse (§§ 2411 — 2416) › § 2411 - Rights of spouse to usufruct

The widowed spouse shall be entitled to a quota, in usufruct, equal to the one which corresponds ad legitim [sic] to each one of his/her children or descendants not favored in the bequest.
If only one legitimate child or descendant shall survive, the widower or widow shall have the usufruct of that third which is authorized by law to be applied to advantages or extra portions, the former preserving the naked ownership until, on the death of the surviving spouse, the full title is merged in him.
If the spouses are separated by a suit for divorce, the result of the suit shall be awaited.
The provisions of this section and of the subsequent §§ 2412—2416 of this title, shall apply in like manner to the intestate as well as the testate succession.
History —Civil Code, 1930, § 761; Dec. 8, 1990, No. 25, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter VII - Rights of Surviving Spouse (§§ 2411 — 2416) › § 2412 - Source of portion

The hereditary portion allotted in usufruct to the surviving spouse must be taken from that part of the estate which the testator is permitted by law to apply to advantages or extra portions.
History —Civil Code, 1930, § 762.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter VII - Rights of Surviving Spouse (§§ 2411 — 2416) › § 2413 - When testator leaves ascendants but no descendants

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.
History —Civil Code, 1930, § 763.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter VII - Rights of Surviving Spouse (§§ 2411 — 2416) › § 2414 - Absence of ascendants and descendants

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.
History —Civil Code, 1930, § 764.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter VII - Rights of Surviving Spouse (§§ 2411 — 2416) › § 2415 - Source of usufruct

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 the property of the inheritance shall be charged with the payment of the part of the usufruct pertaining to the surviving spouse.
History —Civil Code, 1930, § 765.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter VII - Rights of Surviving Spouse (§§ 2411 — 2416) › § 2416 - Usufruct when there are children of two or more marriages

In case of there being 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.
History —Civil Code, 1930, § 766.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter IX - Disinheritance (§§ 2451 — 2459) › § 2451 - When disinheritance can take place

Disinheritance can only take place for one of the reasons expressly fixed by law.
History —Civil Code, 1930, § 773.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter IX - Disinheritance (§§ 2451 — 2459) › § 2452 - Only in will

Disinheritance can only be made in a will mentioning therein the legal reason on which it is based.
History —Civil Code, 1930, § 774.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter IX - Disinheritance (§§ 2451 — 2459) › § 2453 - Proof of reason for disinheritance

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.
History —Civil Code, 1930, § 775.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter IX - Disinheritance (§§ 2451 — 2459) › § 2454 - Effect of disinheritance without reason

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 sections, shall annul the designation of heirship insofar as it prejudices the person disinherited, but the legacies, advantages or extra portions, and other testamentary provisions, insofar as they do not prejudice said legal portion, shall be valid.
History —Civil Code, 1930, § 776.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter IX - Disinheritance (§§ 2451 — 2459) › § 2455 - Reasons for disinheritance

Sufficient causes for disinheritance are, respectively, those of disqualification to succeed by reason of unworthiness, listed in § 2261 of this title under numbers (1), (2), (3), (4), (5), (6), (7), (8), and (9).
History —Civil Code, 1930, § 777; Aug. 17, 2011, No. 188, § 2.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter IX - Disinheritance (§§ 2451 — 2459) › § 2456 - Reasons for disinheritance—Children and descendants

The following shall also be just causes for disinheriting children and issue in addition to those indicated in § 2261 of this title with the numbers (2), (3), (4), (5), and (6):
(1) To have refused without lawful reason, support to the father or ancestor that disinherits him.
(2) To have abused him by acts or grieviously by words.
(3) To have delivered over a daughter or granddaughter to prostitution.
(4) When the child has accused his/her father or mother of a crime, except for high treason.
(5) When the child has refused to post bond to free his/her father or mother who have been imprisoned, when able to do so.
(6) When the son or daughter has married without the consent of his/her father, mother or guardian, pursuant to §§ 232–234, 240 and 241 of this title.
(7) When the child or descendant has been negligent in caring for the testator who is ill.
History —Civil Code, 1930, § 778; Jan. 10, 1998, No. 17, § 10.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter IX - Disinheritance (§§ 2451 — 2459) › § 2457 - Reasons for disinheritance—Parents and ancestors

The following shall be just causes for disinheriting parents and ancestors in addition to those indicated in § 2261 of this title, with the numbers (1), (2), (3), (5), and (6):
(1) To have lost the paternal power.
(2) To have refused support to his children or descendants without legal reason.
(3) For the father or mother or ancestor to have accused the child or descendant of a capital crime except the crime of high treason.
(4) For the father, mother or ancestor to have been careless in taking under his care the child or issue who finds himself sick.
(5) To have refused to furnish bail for the release of the child or issue from jail when it could be done.
(6) For one of the parents to have attempted the life of the other in which case the child or issue shall have the right to disinherit the one of the two spouses who has committed the attempt.
History —Civil Code, 1930, § 779.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter IX - Disinheritance (§§ 2451 — 2459) › § 2458 - Reasons for disinheritance—Spouse

The following shall be just causes to disinherit the spouse in addition to those indicated in § 2261 of this title, with the numbers (2), (3) and (6):
(1) Those that afford ground for divorce.
(2) Those that afford ground for the loss of the paternal power.
(3) To have refused support to the children or to the other spouse.
(4) To have made an attempt upon the life of the testator if there has been no reconciliation.
In order that the causes which afford ground for divorce may also afford ground for disinheritance it is necessary that the spouses shall not live under the same roof.
History —Civil Code, 1930, § 780.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter IX - Disinheritance (§§ 2451 — 2459) › § 2459 - Effect of reconciliation

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.
History —Civil Code, 1930, § 781.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter X - Legacies and Bequests (§§ 2471 — 2502) › § 2471 - Who May be charged with legacies or bequests

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.
History —Civil Code, 1930, § 782.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter X - Legacies and Bequests (§§ 2471 — 2502) › § 2472 - Liability of heirs

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.
History —Civil Code, 1930, § 783.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter X - Legacies and Bequests (§§ 2471 — 2502) › § 2473 - Liability in case of eviction

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.
History —Civil Code, 1930, § 784.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter X - Legacies and Bequests (§§ 2471 — 2502) › § 2474 - Legacy of another’s property

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.
History —Civil Code, 1930, § 785.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter X - Legacies and Bequests (§§ 2471 — 2502) › § 2475 - Legacy of another’s property—When void

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.
History —Civil Code, 1930, § 786.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter X - Legacies and Bequests (§§ 2471 — 2502) › § 2476 - Legacy of things not marketable

A legacy of things which are not marketable is void.
History —Civil Code, 1930, § 787.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter X - Legacies and Bequests (§§ 2471 — 2502) › § 2477 - Legacy of things belonging to legatee

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.
History —Civil Code, 1930, § 788.
2023 Laws of Puerto Rico › TITLE THIRTY-ONE - Civil Code (§§ 1 — 5305) › Subtitle 3 - Different Ways of Acquiring Ownership (§§ 1931 — 2936) › PART IV - Successions (§§ 2081 — 2936) › Chapter 219 - Inheritances (§§ 2251 — 2530) › Subchapter X - Legacies and Bequests (§§ 2471 — 2502) › § 2478 - Things given as security

Whenever the testator shall bequeath a thing employed or mortgaged as a security for some collectible debt the payment of the debt shall be charged upon the legatee unless the testator shall direct that the heir redeem it from the obligation. In this last case if the legatee should pay the debt through the default of the heir he shall be subrogated in the place and the rights of the creditor against the heir.
Any charge perpetual or temporary to which the thing bequeathed is subject passes with the thing to the legatee, but in both cases the rents and the interest and the profits due at the death of the testator are a charge on the estate.
History —Civil Code, 1930, § 789.