For example, he bequeaths a car to someone, and all the property except this car perishes. Is the bequest void, or is only one-third of the car executed, or what? We say: this requires further detail. If the property perished before he died, then no more than one-third of this car may be executed, because his entire estate has become this car alone; thus, he has no right to more than one-third of it, unless the heirs consent.

But if the property perished after the testator’s death, we must examine the matter. If the property that perished was twice the value of the car—meaning that the car is worth one thousand, while the property that perished was worth two thousand—then the bequest is effective, because it is now clear that, at the testator’s death, this car amounted to one-third; therefore, the bequest is executed.

But if what perished after the testator’s death was equal to the value of the car or less, the beneficiary of the bequest is entitled only to the amount corresponding to one-third. That is, we add the value of the car to the property remaining. Thus, if the car is worth, for example, sixty thousand and the remaining property is twenty thousand, we add the value of the car to what remains, making eighty thousand. He then owns of the car only what corresponds to one-third of the total. This is why he said: “It belongs to the beneficiary of the bequest if it comes within one-third of the property remaining for the heirs.” And property remaining for the heirs exists only after death.