PART XXI—ADEMPTION OF LEGACIES.
139. Ademption defined.
If anything which has been specifically bequeathed does not belong to the
testator at the time of his or her death, or has been converted into property of
a different kind, the legacy is adeemed; that is, it cannot take effect by reason
of the subject matter having been withdrawn from the operation of the will.
140. Nonademption of demonstrative legacy.
A demonstrative legacy is not adeemed by reason that the property on which
it is charged by the will does not exist at 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.
141. Ademption of specific bequest of right to receive something from
third party.
Where the thing specifically bequeathed is the right to receive something of
value from a third party and the testator himself or herself receives it, the
bequest is adeemed.
142. Ademption pro tanto by testator’s receipt of part of entire thing
specifically bequeathed.
The receipt by the testator of a part of an entire thing specifically bequeathed
shall operate as an ademption of the legacy to the extent of the sum so
received.
143. Ademption pro tanto by testator’s receipt of portion of entire fund
or stock of which portion has been specifically bequeathed.
If a portion of an entire fund or stock is specifically bequeathed, the receipt
by the testator of a portion of the fund or stock shall operate as an ademption
only to the extent of the amount so received; and the residue of the fund or
stock shall be applicable to the discharge of the specific legacy.
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