Usufructuary Wills

An article bequeathed in usufruct must be consigned to the legatee; but if it constitute the sole estate, being a slave, he is possessed by the heirs and legatee alternately; or, being a house, it is held among them in their due proportions; nor are the heirs in the latter instance allowed to sell their slaves. The bequest becomes void on the death of the legatee.

A bequest of the produce of an article does not entitle the legatee to the personal use of the article; nor does a bequest of the use entitle him to let it to hire. A bequest of the use of a slave does not entitle the legatee to carry him out of the place, unless his family reside elsewhere. A bequest of a year’s product, if the article exceed a third of the estate, does not entitle the legatee to a consignment of it.

In a bequest of the use of an article to one, and the substance of it to another, the legatee of usufruct is exclusively entitled to the use during his term. A bequest of an article to one, and its contents to another, if connectedly expressed, entitles the second legatee to nothing.

A bequest of the fruit of a garden implies the present fruit only, unless it be expressed in perpetuity, and a bequest of the produce of an animal implies the existent produce only in every instance.