Page 278 - Important Provisions of The New Civil Code

Article 1034. In order to judge the capacity of

the heir, devisee or legatee, his qualification at

the time of the death of the decedent shall be

the criterion.

In cases falling under Nos. 2, 3, or 5 of Article

1032, it shall be necessary to wait until final

judgment is rendered, and in the case falling

under No. 4, the expiration of the month

allowed for the report.

If the institution, devise or legacy should be

conditional, the time of the compliance with the

condition shall also be considered. (758a)