Section 1680.- The creditors of the testator are entitled to claim cancellation of any testamentary disposition creating a foundation, only in so far as they are prejudiced thereby.

 

Section 1681.- If the property forming the subject of the legacy has been lost, destroyed or damaged, and in consequence of such circumstances a substitute or a claim for compensation for such property has been acquired, the legatee may claim delivery of the substitute received or may himself claim the compensation, as the case may be.

 

Section 1682.- Where a legacy is made by way of a release or a transfer of claim, such legacy shall be effective only up to the amount still outstanding at the time of the death of the testator, unless otherwise provided by the will.

Any document evidencing the claim released or transferred shall be delivered to the legatee ; and the provisions of Sections 303 to Section 313 and Section 340 of this Code shall apply mutatis mutandis ; provided that if any act or proceedings were to have been carried out by the testator under those Sections, the person who has to execute the legacy, or the legatee, may carry them out in his place.

 

Section 1683.- A legacy made by the testator to any of his creditors is presumed not to be made in payment of the debt due to such creditor.

 

Section 1684.- Where a clause in a will can be interpreted in several senses, the sense which best assures the observance of the intention of the testator shall be preferred.

 

Section 1685.- Where the testator has made a legacy by describing the legatee in such a manner that he can be identified and there are several persons answering to the description of the legatee so made by the testator, in case of doubt all such persons are deemed to be entitled to equal shares.

 

CHAPTER IV

WILLS WITH APPOINTMENT OF CONTROLLER OF PROPERTY

 

Section 1686.- Trusts created whether directly or indirectly by will or by any juristic act producing effect during lifetime or after death shall have no effect whatever.

 

Section 1687.- If the testator desires to dispose of his property in favour of a minor or of a person adjudged incompetent or quasi-incompetent or of a person admitted into a hospital for unsoundness of mind but wishes to entrust the custody and management thereof to a person other than the parents, guardian, custodian or curator, he must appoint a controller of property by will.

Such appointment of a controller of propert cannot be made for a longer period than the minority or the adjudication of incompetency or quasi-incompetency or the duration of the admittance into the hospital, as the case may be.

 

Section 1688.- No appointment of the controller of property in regard to an immovable property or any real right appertaining thereto is complete unless it has been registered by the competent official.

The same provision applies as regards ships or vessels of five tons and over, floating houses and beasts of burden.