El testamento es un acto personalísimo: no podrá dejarse su formación en todo ni en parte al arbitrio de un tercero, ni hacerse por medio de comisario o mandatario.
Tampoco podrá dejarse al arbitrio de un tercero la subsistencia del nombramiento de herederos o legatarios, ni la designación de las porciones en que hayan de suceder cuando sean instituidos nominalmente.
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