Section 1741.- Any creditor of the estate may, at his own expense, raise an objection to the auction or appraisement of the property specified in the foregoing section. If, notwithstanding such objection having been raised by the creditor, an auction or appraisement is effected, the auction or appraisement cannot be set up against the creditor who has raised such objection.

 

Section 1742.- If, during the lifetime of the deceased, a creditor has been designated as the beneficiary of an insurance on life in payment of a debt due to him, he is entitled to receive the whole sum agreed with the insurer. He shall have to return to the estate of the deceased the amount of the premiums only if it is proved by the other creditors :

(1) That by paying his debt in such manner, the deceased and such creditor have acted in contravention of the provision of Section 237 of his Code ; and

(2) That such premiums were out of proportion to the income or station in life of the deceased.

In no case shall the amount of premiums to returned in such a manner exceed the sum paid by the insurer.

 

Section 1743.- A statutory heir or a legatee under a general title is not bound to execute legacies under a particular title for more than the amount of property received by him.

 

Section 1744.- The administrator is not bound to deliver the estate or any part thereof to the heirs before one year has elapsed from the death of the de cujus, unless all the known creditors of the estate and legatees have been satisfied by performance and distribution.

 

CHAPTER III

PARTITION OF AN ESTATE

 

Section 1745.- Until the partition of the estate is completed, the rights and duties of the co-heirs as regards the estate are in common, and Section 1356 to Section 1366 of this Code shall apply in so far as they are not inconsistent with the provisions of this Book.

 

Section 1746.- Subject to the provision of law or clauses in the will, if any, co-heirs are presumed to have equal shares in the undivided estate.

 

Section 1747.- Where an heir has, during the lifetime of the de cujus, received from the latter any property or other advantage by gift or by other act under gratuitous title, the rights of such heir in the partition of the estate shall in no way be prejudiced thereby.

 

Section 1748.- Any heir in possession of the undivided estate is entitled to claim partition thereof even after the lapse of the period of prescription as specified in Section 1754.

The right to demand partition as provided in the foregoing paragraph may not be excluded by a juristic act for a period exceeding ten years at a time.

 

Section 1749.- When an action for partition of an estate is entered in Court, every person claiming to be an heir entitled to such estate may intervene in the action.

The Court can neither call in to participate in the partition other heirs than the parties or the intervener in the action, nor reserve a part of the estate for such other heirs.