Succession Act, 1925 — Section 158: Ademption where stock, specifically bequeathed, does not exist at testator’s death

158. Ademption where stock, specifically bequeathed, does not exist at testator’s death. Where stock which has been specifically bequeathed does not exist at the testator’s death, the legacy is adeemed. Illustration A bequeaths to B “ my capital stock of 1, 000 in East India Stock”: “my promissory notes of the 1[Federal Government] for 10, 000 rupees in their 4 per cent. loan”. A sells the stock and the notes. The legacies are adeemed. 159. Ademption pro tanto where stock, specifically bequeathed, exists in part only at testator’s death. Where stock which has been specifically bequeathed exists only in part at the testator’s death, the legacy is adeemed so far as regards that part of the stock which has ceased to exist. Illustration A bequeaths to B his 10,000 rupees in the 5-1/2 per cent. loan of the 1[Federal Government]. A sells one- half of his 10, 000 rupees in the loan in question. One- half of the legacy is adeemed. 160. Non-ademption of specific bequest of goods described as connected with certain place, by reason of removal. 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 any temporary cause, or by fraud, or without the knowledge or sanction of the testator. Illustrations

(i)A bequeaths to B “all my household goods which shall be in or about my dwelling- house in 2[Faisalabad] at the time of my death”. The goods are removed from the house to save them from fire. A dies before they are brought back.

(ii)A bequeaths to B “all my household goods which shall be in or about my dwelling- house in 2[Faisalabad] 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.