Page:The Civil code of Japan (IA cu31924069576704).pdf/288

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1006.

The ancestor may determine by will, without regard to the provisions of the preceding two articles, the respective portions of the co-heirs, or may entrust such determination to a third person; but the ancestor or the third person must not contravene the provisions relating to legal portions.

If the ancestor has determined the portions of one or several only of the co-heirs, or has entrusted the doing so to a third person, the portions of the other co-heirs are determined according to the provisions of the preceding two articles.

1007.

If one of the co-heirs has received from the ancestor a legacy, or if he has received a gift for the purpose of a marriage or adoption, of the establishment of a branch house or the re-establishment of an abandoned or extinct house or as a fund for his livelihood, the property which the ancestor had at the time when the succession occurred is deemed to be the property to be succeeded to, and the portion of such person consists in the amount remaining after subtracting the amount of the legacy or gift from what would have been his portion computed according to the provisions of the preceding three articles.

If the amount of the legacy or gift is equal to or exceeds the amount of the portion, the legatee or donee cannot receive any portion.

If the ancestor has expressed an intention different from the provisions of the foregoing two paragraphs, such intention is valid so far as it does not contravene the provisions relating to legal portions.

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