Legislative Dictionary - A

Judicial Dictionary


Legislative Dictionary


A deemed Legacy

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CategoryA
TitleA deemed Legacy
DetailsIf 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of a different kind, the legacy is deemed: that is, it cannot take effect, by reason of the subject-matter having been withdrawn from the operation of the will.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 Dacca, at the time of my death";
A in his lifetime,—
sells or gives away the ring;

converts the chain into a cup;

converts the wool into cloth;

makes the doth 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 taka 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.
[See, section 152, the Succession Act, 1925 (Act No. XXXIX of 1925)].
Created OnDecember 19, 2010, 11:36 AM
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