Page:The Civil code of Japan (IA cu31924069576704).pdf/315

attached to or mixed with another thing, and the testator under the provisions of Arts. 243–245 has become sole owner or co-owner of the whole resulting thing, it is presumed that such ownership or co-ownership forms the subject of the legacy.

If the thing or the right forming the subject of a legacy is subject, at the time of the testator’s death, to any right of a third person, the legatee cannot require the person bound on the legacy to extinguish such right, unless the testator has expressed a contrary intention in his will.

When an obligation forms the subject of a legacy, if the testator has received performance and the thing received in performance still remains in the estate, such thing is presumed to be the subject of the legacy.

If in such case the subject of the obligation was a sum of money, the value of the obligation is presumed to be the subject of the legacy, even though there is not a corresponding sum of money in the estate.

A person who has received a legacy subject to a charge, is required to perform the duty with which he is charged only up to the value of the subject of the legacy.

If the legatee refuses the legacy, the holder of the charge can become himself legatee; but if the testator has expressed a different intention in his will, such intention is to govern.