Legacy of debt not fallen due.

(1) Where the testator bequeaths a certain thing or a certain amount as a debt owed by him to the legatee, the legacy shall be valid, notwithstanding that the amount or thing was not really due, unless the legatee was incompetent to receive it as a gift. (2) If a debt is to fall due only after a certain period, the legatee is not bound to wait for the expiry of the period to demand its payment. However, the legacy will not take effect if the testator, who was a debtor at the time of making of the will, has paid the debt subsequently.