Page:The Civil code of Japan (IA cu31924069576704).pdf/316

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1105.

If the amount of a legacy which is subject to a charge is reduced, because the heir has only accepted qualifiedly, or because an action has been brought for the recovery of a legal portion, the legatee is freed from the charge proportionately; but if the testator has expressed a different intention in his will, such intention is to govern.

Section IV.
The Carrying into Execution of a Will.

1106.

As soon as the custodian of a document containing a will has notice of the occurrence of the succession, he must without delay present the will to the court and ask for its probate. If there is no custodian, the heir has the same duty as soon as he finds the document.

The preceding provisions do not apply to a will made by a public document.

A will closed with a seal can be opened only by the court in the presence of the heir or his representative.

1107.

A person who omits to present a will to the court as prescribed in the last article, or who carries it out without asking for its probate, or who opens a will

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