When an executor has voluntarily paid a legacy, he cannot call upon a legatee to refund in the event of the.

Refund when legacy becomes due on performance of condition within further time allowed Refund when legacy becomes due on performance of condition within further time allowed. When the time prescribed by the will for the performance of a condition has elapsed, without the condition having been performed, and the executor has thereupon, without fraud, distributed the assets; in such case, if further time has been allowed under the second clause of this section, for the performance of the condition, and the condition has been performed, the legacy shall, subject to the conditions herein, be payable to the legatee. Where the will requires an act to be performed by the legatee within a specified time, either as a condition to be fulfilled before the legacy is enjoyed or as a condition upon the non-fulfilment of which the subject-matter of the bequest is to go over to another person, or the bequest is to cease to have effect, the act must be performed within the time set, unless the performance of it be prevented by fraud, in which case such time shall be allowed as if requisite to make up for the delay caused by such fraud.