In order to determine the qualification of the heir or legatee, the time of the death of the person whose succession is in question shall be taken into consideration.
In cases numbered (2), (3), and (5) of § 2261 of this title, it shall be necessary to wait until the final judgment is rendered, and in number (4), until the month fixed for the complaint has elapsed.
If the institution or legacy should be conditional, the time for the fulfillment of the condition shall, furthermore, be taken into consideration.
History —Civil Code, 1930, § 687.