The legal portion reserved to the parents shall be divided between both equally; if one of the parents should have died, the surviving one shall receive the whole.
If the testator leaves neither a father nor a mother, but ascendants in the same degree on the paternal or maternal side, the estate shall be divided equally between both lines. If the ascendants should be of a different degree, it shall wholly belong to the nearest ones of either line.
History —Civil Code, 1930, § 739.