Chapter XVI — .—Of Ademption of Legacies

Section 156Ademption pro tanto by testator’s receipt of portion of entire fund of which portion has been specically bequeathed

Section 156: Ademption pro tanto by testator’s receipt of portion of entire fund of which portion has been specically bequeathed

156. Ademption pro tanto by testator’s receipt of portion of entire fund of which portion has been specically bequeathed

If a portion of an entire fund or stock is specifically bequeathed, the receipt by the testator of a portion of the fund or stock shall operate as an ademption only to the extent of the amount so received; and the residue of the fund or stock shall be applicable to the discharge of the specific legacy.

Illustration

A bequeaths to B one-half of the sum of 10,000 rupees due to him from W. A in his lifetime receives 6,000 rupees, part of the 10,000 rupees. The 4,000 rupees which are due from W to A at the time of his death belong to B under the specific bequest.