If the legacy is of a specific and determined thing, belonging to the testator, the legatee acquires the ownership thereof from the death of the former, as well as the fruits or income due, but not those due and unpaid before said death.
The thing bequeathed shall, from the same instant, be at the risk of the legatee, who, therefore, shall bear its loss or impairment, as well as being benefited by its increase or improvement.
History —Civil Code, 1930, § 804.