9. Parcel of land is donated

Ernesto donated in a public instrument a parcel of land to Demetrio who accepted it in the same document. It is there declared that the donation shall take effect immediately, with the donee having the right to lake possession of the land and receive its fruits but not to dispose of the land while Ernesto is alive as well as for ten years following his death. Moreover, Ernesto also reserved in the same deed his right to sell the property should he decide to dispose of it at any time a right which he did not exercise at all. After his death, Ernesto's heirs seasonably brought an action to recover the property, alleging that the donation was void as it did not comply with the formalities of a will. Will the suit prosper? [5%]