As We have yielded to custom, in numerous instances, when it contained nothing absurd or injurious, and have even given it the force of law when people accustomed to its observance were reluctant to reject it, We think that We should also adopt the provisions having reference to the grant of the ante-nuptial donation to the wife when she survives, and, having children by a first husband, does not marry again. The old law gave her this privilege, and while granting her the usufruct of the property, it also allowed her the share of one child in absolute ownership. A subsequent law permitted her to take the said share, not only out of what composed the ante-nuptial donation but also out of the remainder of the estate of her husband. Custom, however, did not entirely approve of either of these enactments, but, partially following both of them, decided that it was not proper to allow her a share of one of the children, whether it was taken out of the ante-nuptial donation or from other property belonging to the husband; and altering the character of the said share, it allowed her to have a fixed amount of the entire estate of her husband. Since this practice is in no respect injurious to the welfare of Our subjects, We deem it advisable to adopt it as a law, as We have done in several other instances, and confer upon it absolute legal authority, instead of that which it derived from common usage. Where all the property of the husband was included in the antenuptial donation, the mother, if she survives, can, along with her children born to said husband, take the share to the full ownership of which she is entitled, and enjoy the usufruct of the remainder. But where the property of the husband was not sufficient to constitute the donation, the share of the woman will not be subjected to a reduction in proportion to what was lacking, and the result will be the same as if what was thus bestowed had not suffered any diminution, and the ante-nuptial donation had been complete. Therefore, after the woman has received her share in this way, the remainder of the estate will go to their children, who, in case their father left nothing, will be obliged to indemnify her for the loss which she sustains, and prevent her from suffering from poverty. This is the way in which We have provided for the rights of the wife when she survives. Where on the other hand, the husband survives, he will neither gain nor lose anything when there are no children, as We have elsewhere decreed in amending a law; but when there are children, and he has no intention of marrying again, then, in order to indemnify him for the expense of their education, and on account of the honor and reverence manifested by him to his first marriage, he shall be entitled to a share equal to that of one of his children, to be deducted from the dowry.