Section 363: When unsatisfied legatee must first proceed against executor, if solvent
The Succession Act · Federal Acts · Part IX · in_force
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If the assets were not sufficient to satisfy all the legacies at the time of the testator’s death, a legatee who has not received payment of his legacy must, before he can call on a satisfied legatee to refund, first proceed against the executor or administrator if he is solvent; but if the executor or administrator is insolvent or not liable to pay, the unsatisfied legatee can oblige each satisfied legatee to refund in proportion.
Related sections
Section 362: When legatee, not satisfied or compelled to refund under section 361, cannot oblige one paid in full to refundSection 364: Limit to refunding of one legatee to anotherSection 361: Creditor may call upon legatee to refundSection 365: Refunding to be without interestSection 360: Distribution of assetsSection 366: Residue after usual payments to be paid to residuary legatee
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