Article 1138. Execution of a testamentary refusal.
1. The heir, to whom the testator entrusted the testamentary refusal, shall execute it within the limits of the value of the inheritance transferred to him minus the testator’s debts. If the heir, to whom the testamentary refusal is entrusted, has the right to an obligatory share in the inheritance, his duty to execute the refusal is limited to the value of the inheritance transferred to him, which exceeds the amount of his obligatory share. 2. If a testamentary waiver is imposed on several heirs, such a waiver burdens the right of each of them to the inheritance in proportion to his share in the inheritance insofar as the testament does not provide otherwise. 3. If the legatee died before the opening of the inheritance or simultaneously with the testator, either refused to receive the testamentary refusal (Article 1160) or did not use his right to receive the testamentary refusal within three years from the date of opening the inheritance, or lost the right to receive the testamentary refusal in accordance with with the rules of Article 1117 of this Code, the heir, who is obliged to fulfill the testamentary refusal, shall be exempted from this obligation, except for the case when the other legacy has been assigned to the beneficiary tel.
References to other articles of chapter 62. Inheritance by will: