Section 142 in The Probate and Administration Act, 1977
142. When unsatisfied legatee must first proceed against executor, if solvent.
- If the assets were not sufficient to satisfy all the legacies at the time of the testator's death, a legatee who has not received payment of his legacy must, before he can call on satisfied legatee to refund, first proceed against the executor if he is solvent ; But, if the executor is insolvent or not liable to pay, the unsatisfied legatee can oblige each satisfied legatee to refund in proportion.
