Should any of the estates of the inheritance be charged with a perpetual income or real property charge, it shall not be extinguished, even when redeemable, unless a majority of the coheirs agree thereto.
Should this not be agreed to or should the charge not be redeemable, its value or principal shall be deducted from that of the estate, and the latter shall pass with the charge to the person to whom it may be allotted or awarded.
History —Civil Code, 1930, § 1039.