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he can demand performance of the legacy; but if the testator has expressed a different intention in his will, such intention is to govern.

1095.

If the person bound on the legacy has after the death of the testator made expenditures upon the thing which is the subject of the legacy, the provisions of Art. 299 apply correspondingly.

For ordinary necessary expenditures which he has made for the purpose of securing the fruits, he may demand compensation up to the value of the fruits.

1096.

A legacy lapses, if the legatee dies before the testator.

The same takes place in case of a legacy subject to a condition precedent, if the legatee dies before the condition happens. But if the testator has expressed a different intention in his will, such intention is to govern.

1097.

If a legacy does not take effect at all, or if it by reason of refusal ceases to have effect, whatever the legatee ought to have received falls to the heir. But if the testator has expressed a different intention in his will, such intention is to govern.

1098.

If the right which forms the subject of the legacy does not belong to the estate at the time of the death of the testator, the legacy is void. This, however, does not apply, if it appears that such right has been made the

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