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Title IV.

- SUCCESSION Devisees and legatees are persons to whom gifts of real and personal
CHAPTER 1 property are respectively given by virtue of a will. (n)
Art. 774. Succession is a mode of acquisition by virtue of which the TESTAMENTARY SUCCESSION
property, rights and obligations to the extent of the value of the
inheritance, of a person are transmitted through his death to another SECTION 1. - Wills
or others either by his will or by operation of law. (n)
SUBSECTION 1. - Wills in General
Art. 775. In this Title, "decedent" is the general term applied to the
person whose property is transmitted through succession, whether or Art. 783. A will is an act whereby a person is permitted, with the
not he left a will. If he left a will, he is also called the testator. (n) formalities prescribed by law, to control to a certain degree the
disposition of this estate, to take effect after his death. (667a)
Art. 776. The inheritance includes all the property, rights and
obligations of a person which are not extinguished by his death. (659) Art. 784. The making of a will is a strictly personal act; it cannot be left
in whole or in part of the discretion of a third person, or accomplished
Art. 777. The rights to the succession are transmitted from the moment through the instrumentality of an agent or attorney. (670a)
of the death of the decedent. (657a)
Art. 1347. All things which are not outside the commerce of men,
Art. 778. Succession may be: including future things, may be the object of a contract. All rights which
are not intransmissible may also be the object of contracts.
(1) Testamentary; No contract may be entered into upon future inheritance except in cases
expressly authorized by law.
(2) Legal or intestate; or All services which are not contrary to law, morals, good customs, public
order or public policy may likewise be the object of a contract. (1271a)
(3) Mixed. (n)
Art. 84. No marriage license shall be issued to a widow till after three
Art. 779. Testamentary succession is that which results from the hundred days following the death of her husband, unless in the
designation of an heir, made in a will executed in the form prescribed meantime she has given birth to a child. (n)
by law. (n)
Art. 780. Mixed succession is that effected partly by will and partly by Art. 86. Any of the following circumstances shall constitute fraud
operation of law. (n) referred to in Number 4 of the preceding article:
(1) Misrepresentation as to the identity of one of the contracting parties;
Art. 781. The inheritance of a person includes not only the property
and the transmissible rights and obligations existing at the time of his (2) Non-disclosure of the previous conviction of the other party of a
death, but also those which have accrued thereto since the opening of crime involving moral turpitude, and the penalty imposed was
the succession. (n) imprisonment for two years or more;

Art. 782. An heir is a person called to the succession either by the (3) Concealment by the wife of the fact that at the time of the marriage,
provision of a will or by operation of law. she was pregnant by a man other than her husband.

No other misrepresentation or deceit as to character