The obligation referred to in the foregoing section shall cease in the following cases only:
(1) Should the testator himself have made the division, unless it appears or may be reasonably presumed that he desired the contrary, and always reserving the legal portion.
(2) Should it have been expressly stipulated on making the division.
(3) Should the surrender arise from a cause subsequent to the division, or should it have been caused by the fault of the person to whom it was awarded.
History —Civil Code, 1930, § 1023.