# 363 When unsatisfied legatee must first proceed against executor, if solvent
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.
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CHAPTER XII.--Of the Refunding of Legacies
359
When each legatee compellable to refund in proportion360
Distribution of assets361
Creditor may call upon legatee to refund362
When legatee, not satisfied or compelled to refund under section 361, cannot oblige one paid in full to refund364
Limit to refunding of one legatee to another365
Refunding to be without interest366
Residue after usual payments to be paid to residuary legatee
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