154. Ademption of specific bequest of right to receive something from third party.—
Where the
thing specifically bequeathed is the right to receive something of value from a third party, and the testator
himself receives it, the bequest is adeemed.
Illustrations
(i) A bequeaths to B—
“the debt which C owes me”:
“2,000 rupees which I have in the hands of D”:
“the money due to me on the bond of E”:
“my mortgage on the Rampur factory”,
All these debts are extinguished in A’s lifetime, some with and some without his consent. All the legacies are
adeemed.
(ii) A bequeaths to B his interest in certain policies of life assurance. A in his lifetime receives the amount of the
policies. The legacy is adeemed.
