144. Order of payment where portion of fund specifically bequeathed
to one legatee, and legacy charged on same fund to another, and
remainder insufficient to pay both legacies.
Where a portion of the fund is specifically bequeathed to one legatee, and a
legacy charged on the same fund is bequeathed to another legatee, if the
testator receives a portion of that fund, and the remainder of the fund is
insufficient to pay both the specific and the demonstrative legacy, the
specific legacy shall be paid first, and the residue, if any, of the fund shall be
applied, so far as it will extend, in payment of the demonstrative legacy, and
the rest of the demonstrative legacy shall be paid out of the general assets of
the testator.
145. Ademption where stock specifically bequeathed does not exist.
Where stock which has been specifically bequeathed does not exist at the
testator’s death, the legacy is adeemed.
146. Ademption pro tanto where stock, specifically bequeathed, exists
in part only.
Where stock which has been specifically bequeathed exists only in part at the
testator’s death, the legacy is adeemed so far as regards that part of the stock
which has ceased to exist.
147. Nonademption of bequest of goods described as connected with
certain place.
A specific bequest of goods under a description connecting them with a
certain place is not adeemed by reason that they have been removed from that
place from any temporary cause, or by fraud, or without knowledge or
sanction of the testator.
148. When removal of thing bequeathed does not constitute ademption.
The removal of a thing bequeathed from the place in which it is stated in the
will to be situate does not constitute an ademption, where the place is only
referred to in order to complete the description of what the testator meant to
bequeath.
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