Choice of legacy of a generic thing.

(1) Where the testator makes a bequest of an unspecified thing comprised in other things of the same kind, the selection of such thing shall be made by the person who has to hand it over from amongst the things having similar qualities. (2) Where the right to select is by an express disposition of the testator given to the legatee, he shall in his discretion select from amongst the things of the same kind. But where things of the same kind do not exist in inheritance, it is the heir who shall select the thing to be given to the legatee and such thing shall be of similar value or quality.