from the executor, but those to whom he or she has paid it are liable to refund the amount. 322. When each legatee compellable to refund in proportion. When the executor has paid away the assets in legacies, and he or she is afterwards obliged to discharge a debt of which he or she had no previous notice, he or she is entitled to call upon each legatee to refund in proportion. 323. Distribution of assets. Where an executor or administrator has given such notices as would have been given by the High Court in an administration suit for creditors and others to send into him or her their claims against the estate of the deceased, he or she shall, at the expiration of the time named in the notices for sending in claims, be at liberty to distribute the assets, or any part of them, in discharge of such lawful claims as he or she knows of, and shall not be liable for the assets so distributed to any person of whose claim he or she shall not have had notice at the time of the distribution; but nothing in this section shall prejudice the right of any creditor or claimant to follow the assets, or any part of them, in the hands of the persons who may have received them. 324. Creditor may call upon legatee to refund. A creditor who has not received payment of his or her debt may call upon a legatee who has received payment of his or her legacy to refund, whether the assets of the testator’s estate were or were not sufficient at the time of the testator’s death to pay both debts and legacies, and whether the payment of the legacy by the executor was voluntary or not. 325. When legatee not satisfied, or compelled to refund, cannot oblige one paid in full to refund. If the assets were sufficient to satisfy all the legacies at the time of the testator’s death, a legatee who has not received payment of his or her legacy, or who has been compelled to refund under section 324, cannot oblige one who has received payment in full to refund, whether the legacy was paid to him or her with or without suit, although the assets have subsequently become deficient by the wasting of the executor.

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