Legacy made to the creditor of testator.

(1) Where the testator makes a bequest to the creditor without making any reference to the debt of the testator, the legacy shall not deemed to have been made in payment of debt. (2) Where the testator bequeaths any outstanding debt due to him, whether recoverable from a third party or from the legatee himself, or discharges the legatee of the debts, the heir shall carry out the bequest by handing over to the legatee the respective instrument, if any. (3) Where it is proved that the debt due to the testator has been paid, wholly or in part, the legatee may demand from the heir the equivalent of the debt or of the part paid; but when the extinguishment of the debt results from any other cause, he shall not be entitled to make any demand to obtain its payment.