Ademption - Law Dictionary Search Results
Home Dictionary Name: ademptionademption
ademption [Latin ademptio, from adimere to take away, from ad to + emere to buy, obtain] 1 : the revocation of a gift in a will inferred from the disposal (as by sale) of the property by the maker of the will before he or she dies 2 : the revocation of a gift in a will inferred from the maker's gift before his or her death of the same or similar property to the recipient named in the will compare advancement NOTE: Only gifts that are characterized as specific devises, bequests, or legacies are subject to ademption. ...
Ademption
Ademption [fr. adimo, Lat.], revocation; a taking away of a specific legacy, i.e., if a testator, after having given a legacy of this nature by his will, alienate the subject of it during his life, it is an ademption and the legacy is gone. As to charges on specific legacies of personal estate, see s. 35 of the Administration of Estates Act, 1925. See Theobald on Wills. The term is also used to denote the satisfaction of a legacy to a child by the testator subsequently giving the child a portion on his or her marriage. See SATISFACTION.Means the destruction or extinction of a legacy or bequest by reason of a bequeathed asset's ceasing to be part of the estate at the time of the testator's death; a beneficiary's forfeiture of a legacy or bequest that is no longer operative. Also termed extinguishment of legacy, Black Law Dictionary, 7th Edn., p.39...
Ademption by extinction
Ademption by extinction, means an ademption that occurs because the property specifically described in will is not in the estate at the testator's death, Black Law Dictionary, 7th Edn., p. 40....
Ademption by satisfaction
Ademption by satisfaction, means an ademption that occurs because the testator, while alive, has already given property to the beneficiary with the intention of rendering the testamentary gift inoperative, Black Law Dictionary, 7th Edn., p. 40....
adeem
adeem [from ademption, after such pairs as redemption : redeem] : to revoke or satisfy (as a legacy) by ademption ...
Satisfaction
Satisfaction, legal compensation; the recompense for an injury done, or the payment of money due and owing. See ACCORD.The giving of something with the intention, express or implied, that it is to extinguish some existing legal or moral obligation, Black's Law Dictionary, 7th Edn., p. 1343.The doctrine of satisfaction of legacies, portions, and debts means the gift of a thing with the intention, either expressed or implied, that it is to be taken either wholly or partly in extinguishment of some prior claim or demand. Of course, it is open to a donor expressly to provide that his subsequent gift shall be a satisfaction of a prior demand, so as to prevent such donee from claiming both. With regard to implied or presumable satisfactions, they have been divided in to the three following classes:-(1) The satisfaction of legacies by portions, otherwise called the ademption of legacies. Upon this subject Lord Eldon laid down in Ex parte Pye, (1811) 18 Ves. 140; 2 W. & T.L.C., that 'where a p...
advancement
advancement : something given in advance ;specif : money or property given as a gift by a living person (as by a parent to a child) with the intention that the amount the recipient inherits under the law from the person's estate will be reduced proportionately compare ademption NOTE: Advancements apply only when the person making the gift dies without a will. The Uniform Probate Code requires written evidence that the gift was intended to be an advancement. A person who gives a gift that is not intended as an advancement cannot later change it to an advancement. A gift given as an advancement can, however, be changed into an outright gift. ...
legacy
legacy pl: -cies [Medieval Latin legatio, from Latin legare to bequeath] : a gift of property by will ;specif : a gift of personal property by will : bequest see also ademption compare devise conjoint legacy in the civil law of Louisiana : a legacy by a single disposition to more than one legatee or of indivisible property to more than one legatee de·mon·stra·tive legacy [di-mÄ n-strə-tiv-] : a legacy payable from a designated fund or asset or from the general assets of the estate to the extent the specified fund or asset fails to satisfy the legacy general legacy : a legacy payable out of the general assets of the estate legacy under a universal title in the civil law of Louisiana : a legacy that consists of a specified proportion (as one-half), a specified type (as movables), or a specified proportion of a specified type of the testator's property par·tic·u·lar legacy in the civil law of Louisiana : any legacy that is not a universa...
Legacy
Legacy [fr. legatum, Lat.]. A legacy is a gift of personalty by will, and, arising as it does from the mere bounty of the testator, it is postponed to the claims of creditors. There are four kinds of legacies:-(1) General, when it does not amount to a bequest of any particular thing or money, as distinguished from all others of the same kind; as if a testator give A. 50l. or a diamond ring, not referring to any particular diamond ring as distinguished from others. (2) Specific, when it is a bequest of a particular thing, or sum of money, or debt, as distinguished from all others of the same kind, as if a testator give B. 'my diamond ring.' (3) Demonstrative, when it is in its nature a general legacy, but there is a particular fund pointed out to satisfy it, as if a testator bequeath 1,000l. out of his Reduced Bank Three per Cents. And (4) Cumulative, or substitutional, when a testator by the same testamentary instrument, or by different testamentary instruments, has bequeathed more tha...
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