If after the payment of the legacies or distributions, it becomes necessary that the same, or any part thereof, be refunded for the payment of claims, the court on application filed within five years from the payment of the legacies or distributions shall apportion the same among the legatees or distributees, according to the amount received by them, except that specific legacies are not required to be refunded unless the residue is not sufficient to satisfy the claims. If any legatee or distributee fails to refund, according to the order, on motion of the executor or administrator, the court shall, after ten days’ notice in writing has been given to the legatee or distributee, enter judgment for the amount apportioned to him.