The legacy of another’s property, when the testator knew at the time of bequeathing it that it was not his, is valid. The heir is obliged to acquire it for delivery to the legatee; and should it not be possible for him to do so, to pay the latter its just value.
The proof that the testator knew that the thing was another’s lies with the legatee.
History —Civil Code, 1930, § 785.