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subject of the legacy without regard to whether it belongs to the estate or not.

1099.

If a legacy, the subject of which is a right not belonging to the estate, takes effect according to the proviso of the preceding article, the person bound by the legacy must acquire the right and transfer it to the legatee. If such acquisition is impossible, or is possible only at an unreasonable expense, the person bound by the legacy must pay the value of it to the legatee; but if the testator has expressed a different intention in his will, such intention is to govern.

1100.

If in the case of a legacy of a non-specific thing the thing delivered in performance is reclaimed from the legatee by a third person, the person bound by the legacy warrants as if he were a seller.

If in the case of a legacy of a non-specific thing the thing delivered is defective, the person bound on the legacy must furnish in its place a thing free from defects.

1101.

If the testator has a right to claim pecuniary compensation against a third person for the destruction or alteration of the thing forming the subject of the legacy or for the loss of its possession, it is presumed that such right forms the subject of the legacy.

If the thing forming the subject of the legacy is

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