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

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Ademption pro tento by testator’s receipt of portion of entire fund of which portion has been specifically 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.

Related sections

Section 155: Ademption pro tanto by testator’s receipt of part of entire thing specifically bequeathed Section 157: Order of payment where portion of fund specifically bequeathed to one legatee, and legacy charged. on same fund to another, and, testator having received portion of that fund, remainder insufficient to pay both legacies Section 154: Ademption of specific bequest of right to receive something from third party Section 158: Ademption where stock, specifically bequeathed, does not exist at testator’s death Section 153: Non- ademption of demonstrative legacy Section 159: Ademption pro tento where stock, specifically bequeathed, exists in part only at testator’s death

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