If any thing which has been specifically bequeathed does not belong to the testator at the time of his death, or has been converted into property of a different kind, the legacy is adeemed; that is, it cannot take effect, by reason of the subject-matter having been withdrawn from the operation of the Will.

Illustrations

(i) A bequeaths to B— “the diamond ring presented to me by C”; “my gold chain”; “a certain bale of wool”; “a certain piece of cloth”; “all my household goods which shall be in or about my dwelling-house in M. Street in Calcutta, at the time of my death”. A in his life-time,— sells or gives away the ring; converts the chain into a cup; converts the wool into cloth; makes the cloth into a garment; takes another house into which he removes all his goods. Each of these legacies is adeemed.

(ii) A bequeaths to B— “the sum of 1,000 rupees, in a certain chest”; “all my horses in my stable”. At the death of A, no money is found in the chest, and no horses in the stable. The legacies are adeemed.

(iii) A bequeaths to B certain bales of goods. A takes the goods with him on a voyage. The ship and goods are lost at sea, and A is drowned. The legacy is adeemed.