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 such place from anytemporary cause, or by fraud, or without the knowledge or sanction of the testator.
Illustrations:
(i) A bequeaths to B "all my households goods which shall be in or about my dwelling-house in Calcutta at the time of my death". The goods are removed from the house to save them from fire. A dies before they arc brought back.
(ii) A bequeaths to B "all my household goods which shall be in or about my dwelling-house in Calcutta at the time of my death". During A's absence upon a journey, the whole of the goods are removed from the house. A dies without having sanctioned their removal.
Neither of these legacies is adeemed.
Legal Commentary & Landmark Judgments: Section 160
Section 160 provides that a specific bequest of goods described as connected with a certain place is not adeemed merely by reason of their removal from that place.
If heirloom paintings bequeathed as 'hanging in my farmhouse' were stored in a bank vault for security during the testator's final illness, invoke Section 160 to defeat rival heirs' claims of ademption; temporary removal for safekeeping preserves the bequest.