If the father or mother should not have made use in whole or in part of the right granted him or her in the foregoing section, the legitimate children and descendants of the first marriage shall succeed to the property to be set apart in accordance with the rules prescribed for succession in the descending line, even if, by virtue of a will, he or she should have unequally inherited from the first deceased spouse or should have renounced or repudiated his or her inheritance.
The child, justly disinherited by the father or by the mother, shall lose all right to the property set apart.
History —Civil Code, 1930, § 928.