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within the time specified in Art. 1029, 1, and who was not known as such to the heir who accepts qualifiedly, can exercise his right only against such property as remains; but this does not apply to those creditors who have a special security upon the property.

Section III.
Refusal.

1038.

A refusal of a succession must be declared to the court.

1039.

A refusal relates back to the time when the succession occurred.

If one of several heirs to property refuses the succession, his portion falls to the other heirs in proportion to their respective portions.

1040.

The party refusing must continue to manage the estate with the same care as his own affairs, until the person who becomes heir in consequence of the refusal can assume the management.

In this case the provisions of Arts. 645, 646, 650, 1 and 2, 1021, 2 and 3 apply correspondingly.

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