Section 150. Where

PART XXI. `Of` Adel~ption `of` Legacim. `l39.` If anything which has been specifically bequeathed does not ' belong to the testator at the time of his death, or has Ademption explained. been converted into property of a different kind, the legacy is adeemed ; that is, it cannot take effect by reason of the suuject- matter having been withdrawn from the operation of the Will. 12lustrations. `(a)` [A ][bequeaths to ][B ][- ] " The diamond ring presented to him by'c." " Ilis gold chain.". L' A certain bale of wool!' A certain piece of cloth." ('All his household goods mliich shall be in or about `hi` dwelling-house in &I Street, in Calcutta, at the time of his death!' A, in his lifetime, Sells or gives away the ring. . Converts the chain into a cup. Convcrts the wool into cloth. Makes the cloth into a garment. . Takes another house into which he removes all his gooda. \ Each of these legacies is adeemed. ACT No. X `OF` 1865. (b) A bequeaths to R- "The spm of 1,000 rupees in a certain chest." LLAll thc horses in his stable." At the dcath of A, no money is found in the chest, and no liorses in the stalde. The legacies are adeemed. ==> picture [400 x 37] intentionally omitted <== 140.[A ][del~lonstrative legacy is ][not ][adeemed ][by ][reason ][tllat ][the pro- ][, ] ~oll-ademption ofde-[perty ][on ][which ][it ][is cbarged ][by ][$lie ][Will ][does ][not ][exist ][bt ] monstrative legacy. the time of the death of the testator, or has been converted into property of a different kind ; but it shall in such case be paid out of the general assets of the testator. Adrniptinn of spe- `141.` Where the thing specifically be~lueathcd i, cific right to the right to receive sornetl~irlg of value from a thivd party, receive something from a third p ~ r ~ y . aud the testator him~elf receives it, tlie bequest is adeemed. (a) A bequeaths to B- Thc aobt which C owes him." lL 2,000 rupees which hc h n ~ in the hands of D." The mouay due to him on the bond nf E." "IIis n~ortgnge on the Rampore Factory." All these debts are extinguished in A's lifetime, some wiLh and some without his consent. All the lcgacies are adeemed. (b) A beqnenths to B- " His interest i11 certain policies of life assurance." A in his lifctirne recei~es the amount of the policies.[The 1egdcy ][is ][adeemed. ] Aclemptio~~ pro talito 142, The receipt by the testator of[a ] part of an elltire by testatoi-'s receipt of part entire thing spething specifically bequeathed shall operate as an adcmp- cilicully l~erjul!it(l~~.rl. tivn of the lcgacy to thc cntent of the sum `SO` received. AC'f No. X OF 1865. A bequeaths to B '' the debt due to hin~ by C." The debt arnounte to 10,000 rupees. C pays to A 5,000 rupees, the one-half of the debt. The legacy is revoked by ademption, so fjr as regards the 5,000 rupees received by A. 143.[If a portion of an entire fund ][or ][stock be specifically bequeathed, ] Ademptio~lpro ta~bto[the receipt by the testator of a portion of the fund ][or ] by testator's receipt of ,ortionofan elltkeful,d stock shall operate as an adeulption only to the extent 'vllich a portion has of the amount so received ; and the residue of the fund been specifically bequeathed. or stock shall be applicable to the discharge of the specific legacy. Illustration. A bequeaths to B one-half of the sumof 10,000 rupees due to him from Mr. A in his lifetime receives 6,000 rupees, part of the 10,000 rupees. The 4,000 rupees which are due from W to ,& at the time of his death belong to B under the specific bequest. 144,[TVhere a portion of ][a ][fund is specifically bequeathed to ][one ][legs- ] Order of ~avment[tee, and a legacy charged on the same fuud ][is ][bequeathed ] where a ~ortiin-of a to an~ther legatee ; if the testator receives a portion of fulid is specifically bequeathedtoollelegatee, that fund, and the remainder of the fund is insufficient to aud a legacy charged on the salne fund to anpay both the specific and the demonstrative legacy, the havilla received a other, and the testator Dorspecific legacy shdl be paid first, and the resid~le (if any) mainder is insufficient tion fulldf 01 the fund shall be *applied so far as it will extend in to P ~ Y bothlegacies. paylne~lt of the demonstrative legacy, and the .rest of the demollstrative legacy shall be paid out of the general assets of the testator. Illustration. ,I bequeaths to B 1,000 rupees, part of 'the debt of 2,000 rupees due to him from W. IIe also bequeaths to C 1,000 rupees to be paid out of' the debt due to him from W.[A ][afterwards receives ] 500 rupees, part of that debt, and dies leaving only 1,500 rupees due to him from W. Of these 1,500 rupeas, 1,000 rupees belong to B, and 500 rupees are to be paid to `C.`[C ][is also to receive 500 rupees ] out of the generd assets of the testator. Of these 1,500 145. Where `" R` t , AG'ii' No: X @F 1865 Ademption where 145. Whb'rB 'skock which has been specifically bequeathed, does not exist specifically bequeathed does not exist at the testator's death, the legacy at fB&'ritorbs dsiith. is adeekfied. A bequeaths t i B- His capital stock of 1,0001. in East 1ndia Stock." pi.&isiory hdtes `d` *lie .&o&r:n%&t bf ~ n a i a fo'r 10;060 i u f i e ~ ~ ih thkii 4 $ti+ cent. loan." A &llk the stbbk arid the ifci8e9. %he lbgacies are adeemed. 146.[where stock which has been specifically be- ] Aderuption pro tmto where stock, specifically queathed, does only in part exist at the testator's death, bequeathed, exists in part only at testator's the legacy is adeemed so far as regards that part of the death. stock wliich has ceased to exist. Illustration. `*I` bequeaths to B- " Iiis 10,000 rupees in the 54 per cent. loan of the Government of India.' A sells one-half of his 10,000 rupees in the loan in question. One-half of the legacy is ade'e~ned. 4 .[A ][specific bequest ][of ][goods under ][a ][descrip- ] Non-ademption of specific beqaest of ti on conbecting them with a certain place, is not adeemgoods described as corlnetted with a ed by reason that they have been removed from such place place renioval. by reason from any temporairy cause, or by fraud, or without the knowledge or sanctSon of the testator. A[bequeaths to ][B ] ''[all his household goods which shall be in or about his d~velling-house ] [in ] Calcutta at the time of his death." The goods are renloved from the house to save them from fire. [A ] dies before they are brought back. A bequeaths to B '< all his household goods 'which shall be in or about his dwelling-house in Calcutta at the time of his death." During A's absence upon a journey, the whole of. the goods are re~uoved from the house. A dies without having sanctioned their removal. NBithel. of tltese legacies is adeer~ed. \ 148. 'l'he 4 1 L 4 The removal of the thitlg bequeathed from thk place i n `'..` `I,` which it is st&t'6(3 in the Will to be situated, does not conWhen removal of thi* bekpiecxth~a udes stitute ao ade~hption, where the place is onii keyerred net constrtute adernpti66. to in order to complete the description of what the testator mehfit td bequeath. his lodgings A bequeaths to in 'Calcutta. `B` ., `s.` all the bills, bouds, and other secu~itieg for money belonging to him then lying At the ti& if his death, tl,$i e$e&ti had been renio6ed fi.o~n his lodgings in in Calcutta. . . . A bequeaths to B all his furniture the11 in his house in Calcutta. The tcstntbr bas a honse at Calcutta and another at Chinsurah, in which he lives alternately, being of one set of' f~~rniture .only, which he reluoves with himself to each house. A t the time of his death, the furniture is in t.he house at Chinsurah. A bequeaths to B all his goods on board a certain ship then lying in the River I-looglily. 'The goodr are removed by A's directions to a. warehouse, in which they remain at the time of A's death. No one of these legacies is revoked by ademption. 149, Where the thing bequeathed is not the right to receive someWhen tile thing bething of value from a third person, but the money or other queathec' is a valuable commodity which shall be received from tlie third person to be received by the testator fiom a third by t h e testator himself or by his representatives, the reperson ; and the testator hiiself,orhisrcpreceipt of such suu of money or other commodity by the sentative, receives it. testator shall not constitute an ademption ; but if he mixes it up with the general mass of his property, the legacy is adee~ned. ~lustraltot~. A berltieaths to `B` wharever sum may be received from his claim 011 J. A receives the whole of his clJnl on C, and sets it apart from the general mass of his preperty. The legacy is not aileemcd. 150. Where F c %v ~4 `P'` 4 3 % ACT 'No. X OF 1865. 150, Where a thing specifically bequeathed undergoes a change between the date of the Will and the testator's death, and Change by operation of' law of subject of the chauge takes place by operation of law, or in the speeific bequest between date of Will and course of execution of the provisions of apy legal in-- testator's death. strurneut under which the thing bequeathed Gas held, the legacy is not adeerued by reason of such change. Illustrations. A bequeaths to 13 " all the money which he has in the 5) per cent. loan of the Government of India.'+ `Q` The securities for the 52- per cent. loan are converted during A's lifetime into 5 per cent, stock. A bequeaths to R the suu~ of 2,0001., invested in Coosols i n the nanles of trustees for A. 'J'he sum of 2,0001. is transferred by the trustees iuto A's own name. A bequeaths to B the sum of 10,000 rupees in proinissory notes of the Government of'lndia which 1 1 ~ has power, under his lnarriage settlement, to dispose of by mill. Afterwards, in A'- lifetime, the fund js co~,.r.erted into Consols by virtue of an autl~vrity contained in the settlement. No one of these legacies has been adeemed. 151.[Where ][a ][thing specifically bequeathed undergoes a change betweee ] the date of the Will and the testator's death, and the Change of subject ~ v i t ~ ~ o u t testator's change takes place without the ltnowledge or sanction of Ianowlcdge. thc testator, the legacy is riot adeemed. I A bequeaths to B '' all his 3 per cent. Consols." The Consols are, without `A's` knowledge, sold by Lli\ agent, and the proceeds converted into East India Stock. This legacy is not adeemed. `k` 152. Where stock which has been specifically beStock specifically beclueathed, lent to a queathed is lent to a third party on condition that it sllall third party on condition that it shdl be rebe replaced, and it is replaced accordiugly, the legacy is plnc~e:i not adeemed.