If anything 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a different kind, the legacy is a deemed; that is, it cannot take effect, by reason of the subject-matter having been withdrawn from the operation of the will.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 the 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.