If, without the fault or a personal act of the heir or legatee, the designation or the legacy referred to in the foregoing section cannot be complied with in the exact terms ordered by the testator, it shall be fulfilled in a manner as nearly analogous and in conformity with his will as possible.
When the person interested in its fulfilment or nonfulfilment should prevent its compliance without fault or a personal act of the heir or legatee, the condition shall be considered as fulfilled.
History —Civil Code, 1930, § 727.