A bequeaths to B "all the bills, bonds and other securities for money belonging to me now lying in my…
Illustration (i) to section 161 is among the cases where "No one of these legacies is revoked by ademption". Section 161 says that removing the thing from the place named…
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A bequeaths to B "all the bills, bonds and other securities for money belonging to me now lying in my lodgings in Calcutta". By the time of A's death these securities have been moved out of his Calcutta lodgings. What is the position?
Answer and explanation
Correct answer C
Illustration (i) to section 161 is among the cases where "No one of these legacies is revoked by ademption". Section 161 says that removing the thing from the place named does not adeem the legacy where the place is mentioned only "to complete the description of what the testator meant to bequeath". The words "now lying" identify the securities; they do not make their location a condition.