A bequeaths to B certain bales of goods. A takes the goods with him on a sea voyage; the ship and the…
Illustration (iii) to section 152 holds that "The legacy is adeemed". The goods specifically bequeathed did not exist as part of A's property at his death, and section 152…
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A bequeaths to B certain bales of goods. A takes the goods with him on a sea voyage; the ship and the goods are lost and A is drowned. What is B's position?
Answer and explanation
Correct answer D
Illustration (iii) to section 152 holds that "The legacy is adeemed". The goods specifically bequeathed did not exist as part of A's property at his death, and section 152 says such a legacy "cannot take effect". A specific legatee has no claim on the general assets for the lost thing.