The removal of thething bequeathed from the place in which it is stated in the will to be situated does not constitute an ademption, where the place is only referred to in order to complete the descriptionof what the testator meant to bequeath.
Illustrations:
(i) A bequeaths to B "all the bills, bonds and other securities for money belonging to me now lying in my lodgings in Calcutta". At the time of his death these effects had been removed from his lodgings in Calcutta.
(ii) A bequeaths to B all his furniture then in his house in Calcutta. The testator has a house at Calcutta and another at Chinsurah, in which he lives alternately, being possessed ofone set of furniture only which he removes with himself to each house. At the time of his death the furniture isin the house at Chinsurah.
(iii) A bequeaths to B all his goods on board a certain ship then lying in the river Hughli. The goods are removed by A's directions to a warehouse, in which they remain at the time of A's death. No one of these legacies is revoked by ademption.
Legal Commentary & Landmark Judgments: Section 161
Section 161 enumerates specific statutory instances where the removal of a thing bequeathed from its described place does not constitute an ademption.
Where household goods were relocated to a hospital room or warehouse during the testator's terminal medical treatment, counsel should file medical and storage receipts under Section 161 to prove removal was by reason of necessity.