Succession Act, 1925 — Section 361: Creditor may call upon legatee to refund

361. Creditor may call upon legatee to refund. A creditor who has not received payment of his debt may call upon a legatee who has received payment of his legacy to refund, whether the assets of the testator’s estate were or were not sufficient at the time of his death to pay both debts and legacies ; and whether the payment of the legacy by the executor or administrator was voluntary or not. 362. When legatee, not satisfied or compelled to refund under section 361, 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 legacy, or who has been compelled to refund under section 361, cannot oblige one who has received payment in full to refund, whether the legacy were paid to him with or without suit, although the assets have subsequently become deficient by the wasting of the executor.