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Preceding section;

how applied to estates of married and unmarried

women.

Representation

shall be distributed in equal shares to his mother and brothers and sisters, or the representatives of such brothers and sisters; and if there be no widow, the whole surplus shall be distributed in like manner to the mother and to the brothers and sisters, or the representatives of such brothers and sisters;

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7. If the deceased leave a father, and no child or descendant, the father shall take a moiety if there be a widow, and the whole if there be no widow;

8. If the deceased leave a mother and no child, descendant, father, brother, sister, or representative of a brother or sister, the mother, if there be a widow, shall take a moiety; and the whole if there be no widow. And if the deceased shall have been an illegitimate child and have left a mother and no child or descendant or widow, such mother shall take the whole

And if the mother of such deceased shall be dead, the relatives of the deceased, on the part of the mother, shall take, in the same manner as if the deceased had been legitimate, and be entitled to letters of administration in the same order.

§ 861. The preceding section applies to the personal estates of all unmarried women and of any married woman leaving descendants; except that the husband of any deceased married woman leaving descendants shall be entitled to the same distributive share in the personal estate of his wife to which a widow is entitled in the personal estate of her husband under the provisions of this title and

no more.

§ 862. No representation shall be admitted among colcollaterals. laterals, after brothers' and sisters' children.

among

mous

children.

Posthu- § 863. Descendants and next of kin of the deceased begotten before his death, but born thereafter, shall take, in the same manner as if they had been born in the life-time of the deceased and had survived him.

Law of

domicile regulates

§ 864. The law of the domicile of an intestate regulates succession, the succession to his personal property.

PART I.

OBLIGATIONS IN GENERAL

TITLE I. Definition of obligations.

II. Interpretation of obligations.
III. Transfer of obligations
IV. Extinction of obligations.

TITLE I.

DEFINITION OF OBLIGATIONS.

870. An obligation is a legal duty, by wi ound to do or not to do a certain thing.

871. An obligation arises either from: . The contract of the parties; or, 2. The operation of law.

TITLE II.

INTERPRETATION OF OBLIGATIONS.

CHAPTER I. General rules of interpretation.
II. Joint or several obligations.

III. Conditional obligations.

IV. Alternative obligations.

CHAPTER I.

GENERAL RULES OF INTERPRETATION.

General rules.

§ 872. The rules which govern the interpretation of contracts are prescribed by Part II of this Division. Other obligations are interpreted by the rules by which statutes are interpreted.

Obligation, joint

CHAPTER II.

JOINT OR SEVERAL OBLIGATIONS.

§ 873. An obligation imposed upon several persons, or a or several, right created in favor of several persons, may be:

&c.

When

joint.

1. Joint;

2. Several; or,

3. Joint and several.

§ 874. An obligation imposed upon several persons, or a right in action created in favor of several persons, is pre. sumed to be joint, and not several, except in the special cases mentioned in the Title on the INTERPRETATION OF CON

0. An obligation is conditional, when th of any party thereto depend upon the o certain event.

31. Conditions may be precedent, concur nt.

2. A condition precedent is one which is to some right dependent thereon accrues, c dent thereon is performed.

33. Conditions concurrent are those which a dent, and are to be fulfilled at the same ti

84. A condition subsequent is one referrin , upon the happening of which the obligat nger binding upon the other party, if he himself of the condition.

385. Before any party to an obligation er party to perform any act under it, he

sential

when es- all conditions precedent thereto imposed upon himself; and must be able, and offer, to fulfill all conditions concurrent, so imposed upon him, on the like fulfillment by the other party; except as provided by the next section.

When per

formance, &c., ex

cused.

Impossible or unlawful condi

§ 886. If a party to an obligation gives notice to another, before the latter is in default, that he will not perform the same upon his part, and does not retract such notice before. the time at which performance upon his part is due, such other party is entitled to enforce the obligation without previously performing or offering to perform any conditions upon his part, in favor of the former party.

§ 887. A condition in a contract, the fulfillment of which tions vold. is impossible or unlawful, within the meaning of the article on the OBJECT OF CONTRACTS, or a condition subsequent which is repugnant to the nature of the interest created by the contract, is void.

Conditions involving

§ 888. A condition involving a forfeiture must be strictly forfeiture. interpreted against the party for whose benefit it is created.

Who has the right of selection.

Right of selection,

CHAPTER IV.

ALTERNATIVE OBLIGATIONS.

§ 890. If an obligation requires the performance of one of two acts, in the alternative, the party required to perform has the right of selection; unless it is otherwise provided by the terms of the obligation.

§ 891. If the party having the right of selection between how lost. alternative acts does not give notice of his selection to the other party within the time, if any, fixed by the obligation

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