herself in the place of a parent of the legatee, and the legatee is a minor, the legacy shall bear interest from the death of the testator, unless a specific sum is given by the will for maintenance. 316. Rate of interest. The rate of interest shall be 4 percent per year. 317. No interest on arrears of annuity within first year. No interest is payable on the arrears of an annuity within the first year from the death of the testator, although a period earlier than the expiration of that year may have been fixed by the will for making the first payment of the annuity. 318. Interest on sum invested to produce annuity. Where a sum of money is directed to be invested to produce an annuity, interest is payable on it from the death of the testator. PART XXXIX—REFUNDING OF LEGACIES. 319. Refund of legacy paid under judge’s orders. Where an executor has paid a legacy under the order of a judge, he or she is entitled to call upon the legatee to refund in the event of the assets proving insufficient to pay all the legacies. 320. No refund if paid voluntarily. Where an executor has voluntarily paid a legacy, he or she cannot call upon a legatee to refund in the event of the assets proving insufficient to pay all the legacies. 321. Refund when legacy has become due on performance of condition. When the time prescribed by a will for the performance of a condition has elapsed without the condition having been performed and the executor has thereupon, without fraud, distributed the assets, in such case, if further time has been allowed under section l24 for the performance of the condition, and the condition has been performed accordingly, the legacy cannot be claimed