Succession Act, 1925 — Section 161: When removal of thing bequeathed does not constitute ademption

161. When removal of thing bequeathed does not constitute ademption. The removal of the thing 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 description of 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 1[Karachi]”. At the time of his death these effects had been removed from his lodgings in 1[Karachi].

(ii)A bequeaths to B all his furniture then in his house in 1[Karachi]. The testator has a house at 1[Karachi] and another at 2[Quetta], in which he lives alternately, being possessed of one set of furniture only which he removes with himself to each house. At the time of his death the furniture is in the house at 2[Quetta].

(iii)A bequeaths to B all his goods on board a certain ship then lying in the river 3 [Indus]. 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. 162. When thing bequeathed is a valuable to be received by testator from third person; and testator himself, or his representative, receives it. Where the thing bequeathed is not the right to receive something of value from a third person, but the money or other commodity which may be received from third person by the testator himself or by his representatives, the receipt of such sum of money or other commodity by the testator shall not constitute an ademption; but if he mixes it up with the general mass of his property, the legacy is adeemed. Illustration A bequeaths to B whatever sum may be received from his claim on C. A receives the whole of his claim on C, and sets it apart from the general mass of his property. The legacy is not adeemed. 163. Change by operation of law of subject of specific bequest between date of will and testator’s death. Where a thing specifically bequeathed undergoes a change between the date of the will and the testator’s death, and the change takes place by operation of law, or in the course of execution of the provisions of any legal instrument under which the thing bequeathed was held, the legacy is not adeemed by reason of such change. Illustrations

(i)A bequeaths to B “all the money which I have in the 5-1/2 per cent. loan of the