Any bequest in favour of a Ẕimmī is valid, and he may make a bequest in favour of an unbeliever of a different sect not being a hostile infidel.
Usufructuary Wills.
An article bequeathed in usufruct must be consigned to the legatee; but if it constitute the sole estate, being a slave, he is possessed by the heirs and legatee alternately; or, being a house, it is held among them in their due proportions; nor are the heirs in the latter instance allowed to sell their slaves. The bequest becomes void on the death of the legatee.
A bequest of the produce of an article does not entitle the legatee to the personal use of the article; nor does a bequest of the use entitle him to let it to hire. A bequest of the use of a slave does not entitle the legatee to carry him out of the place, unless his family reside elsewhere. A bequest of a year’s product, if the article exceed a third of the estate, does not entitle the legatee to a consignment of it.
In a bequest of the use of an article to one, and the substance of it to another, the legatee of usufruct is exclusively entitled to the use during his term. A bequest of an article to one, and its contents to another, if connectedly expressed, entitles the second legatee to nothing.
A bequest of the fruit of a garden implies the present fruit only, unless it be expressed in perpetuity, and a bequest of the produce of an animal implies the existent produce only in every instance.
The Executors.
An executor having accepted his appointment in presence of the testator, is not afterwards at liberty to reject it, but his silence leaves him an option of rejection; but any act indicative of his acceptance binds him to the execution of the office.
Having rejected the appointment after the testator’s decease, he may still accept of it, unless the magistrate appoint an executor in the interim.
Where a slave, a reprobate, or an infidel are appointed, the magistrate must nominate a proper substitute.