or not—unless he has other assets that are secure. In that event, once it is known that the gift will be deducted from the one-third, it becomes binding for the recipient as soon as he takes possession of it. If the recipient does take delivery and the donor subsequently recovers, the gift is deemed to have come out of his principal estate.

Any additional gifts he makes during that same illness from which he later dies are charged to his one-third, whether or not they have been received, provided the third can bear them; otherwise, only the portion that the third can cover is carried out. If, however, he regains his health, all of those gifts stand in full, drawn from the entirety of his estate.

Should a gift be made while he is in sound health but its delivery be delayed until after he falls ill or passes away, it reverts to the inheritance shared among his heirs; it is counted neither against the one-third nor elsewhere, whether the intended beneficiary is an heir or an outsider.