Lawgist157Order of payment where portion of fund specifically bequeathed to one legatee, and legacy charged on same fund to another, and, testator having received portion of that fund, remainder insufficient to pay both legacies
Where a portion of a fund is specifically bequeathed to one legatee, and a legacy charged on the same fund is bequeathed to another legatee, then, 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.
Illustration
A bequeaths to B 1,000 rupees, part of the debt of 2,000 rupees due to him from W. He also bequeaths to C 1,000 rupees to be paid out of the debt due to him from W. A afterwards receives 1 [500] rupees, part of that debt, and dies leaving only 1,500 rupees due to him from W. Of these 1,500 rupees, 1,000 rupees belong to B, and 500 rupees are to be paid to C. C is also to receive 500 rupees out of the general assets of the testator.
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1. Subs. by Act 10 of 1927, s. 2 and the First Schedule, for "5,000".
- 152 Ademption explained
- 153 Non-ademption of demonstrative legacy
- 154 Ademption of specific bequest of right to receive something from third party
- 155 Ademption pro tanto by testator’s receipt of part of entire thing specifically bequeathed
- 156 Ademption pro tanto by testator’s receipt of portion of entire fund of which portion has been specically bequeathed
- 157 Order of payment where portion of fund specifically bequeathed to one legatee, and legacy charged on same fund to another, and, testator having received portion of that fund, remainder insufficient to pay both legacies
- 158 Ademption where stock, specifically bequeathed, does not exist at testator’s death
- 159 Ademption pro tanto where stock, specifically bequeathed, exists in part only at testator's death
- 160 Non-ademption of specific bequest of goods described as connected with certain place, by reason of removal
- 161 When removal of thing bequeathed does not constitute ademption
- 162 When thing bequeathed is a valuable to be received by testator from third person; and testator himself, or his representative, receives it
- 163 Change by operation of law of subject of specific bequest between date of will and testator’s death
- 164 Change of subject without testator’s knowledge
- 165 Stock specifically bequeathed lent to third party on condition that it be replaced
- 166 Stock specifically bequeathed sold but replaced, and belonging to testator at his death
- 167 Non-liability of executor to exonerate specific legatees
- 168 Compeletion of testator’s title to things bequeathed to be at cost of his estate
- 169 Exoneration of legatee’s immoveable property for which land-revenue or rent payable periodically
- 170 Exoneration of specific legatee’s stock in joint-stock company
