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The rest third might be within free disposal of testator

In the two cases, new legitime of the thriving mate will likely be extracted from the latest section which is often freely discarded because of the testator. (834a)

Article 893. Should your testator simply leaves no legitimate descendants, however, departs legitimate ascendants, the fresh new surviving lover will has a directly to one-4th of one’s genetic property.

Article 894. In case your testator actually leaves illegitimate people, brand new surviving spouse would be entitled to you to-third of one’s hereditary house of deceased and illegitimate people to another third. (n)

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