Article 849

If the testator leaves as a legacy, in a specified manner, more than one - third of his estate, and the heirs do not consent to more than one - third, the portion be separated from the estate in the same manner as laid down in the will, up to the amount of one- third, and the excess will be void; and if the legacy relates to several objects without specifying how much goes to each, a deduction will be made from all those objects.