162. Abatement of annuity. Where an annuity is bequeathed, but the assets of the testator are not sufficient to pay all the legacies given by the will, the annuity shall abate in the same proportion as the other pecuniary legacies given by the will. 163. Gift of annuity and residuary gift. Where there is a gift of an annuity and a residuary gift, the whole of the annuity is to be satisfied before any part of the residue is paid to the residuary legatee, and, if necessary, the capital of the testator’s estate shall be applied for that purpose. PART XXVI—LEGACIES TO CREDITORS AND PORTIONERS. 164. Legacy to creditor. Where a debtor bequeaths a legacy to his or her creditor, and it does not appear from the will that the legacy is meant as a satisfaction of the debt, the creditor shall be entitled to the legacy as well as to the amount of the debt. 165. Child prima facie entitled to legacy as well as portion. Where a parent, who is under obligation by contract to provide a portion for a child, fails to do so, and afterwards bequeaths a legacy to the child, and does not intimate by his or her will that the legacy is meant as a satisfaction of the portion, the child shall be entitled to receive the legacy as well as the portion. 166. No ademption by subsequent provision for legatee. No bequest shall be wholly or partially adeemed by a subsequent provision made by settlement or otherwise for the legatee. PART XXVII—ELECTION. 167. Circumstances in which election takes place. Where a person, by his or her will, professes to dispose of something of which he or she has no right to dispose, the person to whom the thing belongs shall elect either to confirm the disposition or to dissent from it, and, in the