Cap. 16 Art. 744Where thing bequeathed perishes.

(1) The legacy shall lapse if the thing bequeathed has entirely perished during the lifetime of the testator.

(2) The same rule shall apply if the thing has perished after the death of the testator, without the agency or fault of the heir, even though such heir may have been put in default for delay in the delivery thereof, provided the thing would have equally perished in the possession of the legatee.

(3) Where several things have been alternatively bequeathed, the legacy shall subsist, even though there shall remain one only of such things.