Legitimate succession takes place:
(1) If a person dies without a will, or with a void will or [one] which may have lost its validity subsequently.
(2) When the will does not contain the designation of heirship to all or part of the property, or does not dispose of all that belongs to the testator. In such case legitimate succession shall take place only with regard to the property of which the testator has not disposed.
(3) When the condition imposed for the designation of heirship is lacking, or if the heir dies before the testator, or repudiates the inheritance, without having a substitute, and there being no right of accretion.
(4) When the heir designated is disqualified to succeed.
History —Civil Code, 1930, § 875.