If anything which has been specifically bequeathed does not belong to the testator at the time of his death, or has been converted into property of a different kind, the legacy is a deemed;
that is, it cannot take effect, by reason of the subject-matter having been withdrawn from the operation of the will.
Illustrations:
(i) A bequeaths to B-
"the diamond ring presented to me by C":
"my gold chain":
"a certain bale of wool":
"a certain piece of cloth":
"all my household goods which shall be in or about my dwelling-house in M.
Street in Calcutta, at the time of mydeath."
A in his life time,-
sells or gives away the ring:
converts the chain into a cup:
converts the wool into cloth: makes the cloth into a garment:
takes another house into which he removes all his goods.
Each of these legacies is adeemed.
(ii) A bequeaths to B-
"the sum of 1,000 rupees, in a certain chest":
"all the horses in my stable".
At the death of A, no money is found in the chest, and no horses in the stable.
The legacies are adeemed.
(iii) A bequeaths to B certain bales of goods. A takes the goods with him on a voyage.
The ship and goods are lost at sea, and A is drowned. The legacy is adeemed.
Legal Commentary & Landmark Judgments: Section 152
Section 152 explains the fundamental doctrine of Ademption, establishing that a specific legacy is adeemed (extinguished) if the specifically bequeathed asset does not exist at the testator's death.
In estate dispute conferences, if a specific house bequeathed to a client was sold by the testator to buy a new flat before death, counsel must advise the client that Section 152 extinguishes the bequest; the client cannot trace the legacy into the new flat.