A bequeaths to B "all his furniture then in his house in Calcutta". A lives alternately in houses at…
Illustration (ii) to section 161 holds that this legacy is not revoked by ademption. A had only one set of furniture, so the reference to the Calcutta house merely completes…
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A bequeaths to B "all his furniture then in his house in Calcutta". A lives alternately in houses at Calcutta and Chinsurah and has only one set of furniture, which he moves with him. At his death the furniture is at Chinsurah. What is the position?
Answer and explanation
Correct answer B
Illustration (ii) to section 161 holds that this legacy is not revoked by ademption. A had only one set of furniture, so the reference to the Calcutta house merely completes the description of what he meant to give. Under section 161 the removal of the thing from the place named does not then adeem the legacy.