Section 39:
Transfer where third person is entitled to maintenance.
Where a third person has a right to
receive maintenance, or a provision for advancement or marriage, from the profits of immoveable
property, and such property is transferred 1*** the right may be enforced against the transferee, if he has
notice 2[thereof] or if the transfer is gratuitous; but not against a transferee for consideration and without
notice of the right, nor against such property in his hands.
3* * * * *
Notes:
1. The words "with the intention of defeating such right" omitted by Act 20 of 1929, s. 11.
2. Subs. by s. 11, ibid., for "of such intention".
3. The Illustrations omitted by Act 20 of 1929, s. 11.