Lawgist167Non-liability of executor to exonerate specific legatees
(1) Where property specifically bequeathed is subject at the death of the testator to any pledge, lien or incumbrance created by the testator himself or by any person under whom he claims, then, unless a contrary intention appears by the will, the legatee, if he accepts the bequest, shall accept it subject to such pledge or incumbrance, and shall (as between himself and the testator's estate) be liable to make good the amount of such pledge or incumbrance,
(2) A contrary intention shall not be inferred from any direction which the will may contain for the payment of the testator's debts generally.
Explanation.--A periodical payment in the nature of land-revenue or in the nature of rent is not such an incumbrance as is contemplated by this section.
Illustrations
A bequeaths to B the diamond ring given him by C. At A's death the ring is held in pawn by D to whom it has been pledged by A. It is the duty of A's executors, if the state of the testator's assets will allow them, to allow B to redeem the ring.
A bequeaths to B a zamindari which at A's death is subject to a mortgage for 10,000 rupees; and the whole of the principal sum, together with interest to the amount of 1,000 rupees, is due at A's death. B, if he accepts the bequest, accepts it subject to this charge, and is liable, as between himself and A's estate, to pay the sum of 11,000 rupees thus due.
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- 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
