Whenever the testator shall bequeath a thing employed or mortgaged as a security for some collectible debt the payment of the debt shall be charged upon the legatee unless the testator shall direct that the heir redeem it from the obligation. In this last case if the legatee should pay the debt through the default of the heir he shall be subrogated in the place and the rights of the creditor against the heir.
Any charge perpetual or temporary to which the thing bequeathed is subject passes with the thing to the legatee, but in both cases the rents and the interest and the profits due at the death of the testator are a charge on the estate.
History —Civil Code, 1930, § 789.