Ademption

Ademption means, in the first place, that if a testator bequeaths a specific article, or property, and then before his death the article or property is destroyed or totally changed in character, either by the act of the testator, or otherwise, then the legatee gets nothing. It is often a question of difficulty to say whether the bequest was really of a specific article—e.g. a bequest of a bond is more probably a bequest of the money in the bond. But ademption is used in a more important sense to denote what is called satisfaction in the law of England—viz. that, when a testator is owing a debt to a creditor, or has promised to pay a provision in a marriage contract, if he gives a legacy to the creditor or person entitled under the contract, that may be taken to extinguish the debt, or to discharge the provision. Various rules have been stated on this subject, but the courts endeavour to ascertain what the testator really meant.