Ademption

Defined in 7 dictionaries — Cyclopedic (1922), Ballentine's (1916), Black's (1910), Kinney (1893), Black's (1891), Stimson (1881), Burrill (1850)

The Cyclopedic Law Dictionary

Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

The extinction of a specific legacy by the testator's parting with the subject thereof during his life. Also applied to the payment of the testator during his life of a general legacy; but this is more properly known as "satisfaction." 9 Barb. (N. Y.) 35; 3 Duer (N. Y.) 477. The term is not applied to devises. 108 N. Y. 535. ADEO (Lat.) So; as. Adeo plene et integre, as fully and entirely. 10 Coke, 65.

Ballentine's Law Dictionary

James A. Ballentine · 1916

The avoidance of a legacy by an act of the testator. See 95 Am. St. Rep. 343.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

The revocation, recalling or cancellation of a legacy, according to the apparent intention of the testator, implied by the law from acts done by him in his life, though such acts do not amount to an express revocation of it. Kenaday v. Sinnott, 179 U. S. 606, 21 Sup. Ct. 233, 45 L. Ed. 339; Burnham v. Comfort, 108 N. Y. 535, 15 N. E. 710, 2 Am. St. Rep. 462; Tanton v. Keller, 167 III. 129, 47 N. E. 376; Cowles v. Cowles, 56 Conn. 240, 13 Atl. 414. "The word 'ademption' is the most significant, because, being a term of art, and never used for any other purpose, it does not suggest any idea foreign to that intended to be conveyed. It is used to describe the act by which the testator pays to his legateej in his life-time, a general legacy which by his will he had proposed to give him at his death. (1 Rop. Leg. p. 365.) It is also used to denote the act by which a specific legacy has become inoperative on account of the testator having parted with the subject." Langdon v. Astor, 16 N. Y. 40. Ademption, in strictness, is predicable only of specific, and satisfaction of general legacies. Beck v. McClillis, 9 Barb. (N. Y.) 35, 56; Langdon v. Astor, 3 Duer (N. Y.) 477, 541. adjunctio, (q. v.) Called aiso ferruminatio. Mackeld. Rom. Law, § 276; Dig. 6, 1, 23, 5.

A Law Dictionary and Glossary

George C. Kinney · 1893

A taking away; a extinction of a legacy by act of paynient or by disposal of the

A Dictionary of Law

Henry Campbell Black · 1891

The revocation, recalling, or cancellation of a legacy, according to the apparent intention of the testator, implied by the law from acts done by him in his life, though such acts do not amount to an express revocation of it.; “The word ‘aderaption’ is the most significan because, being a term of art, and never used for any other purpose, itdoes not suggest any idea foreign to that intended to beconveyed. Itis used to describe the act by which the testator pays to his legatee, in his life-time, a general legacy which by his will ke had proposed to give him at his death. (1 Rop. Leg. p, 305.) It is also used to dénote the act by which 4 specific legacy has become inoperative on account of the testator haying parted with the subject.” 16 N. Y. 40, Ademption, in strictness, is predicable only of specific, and satisiaction of general legacies. 9 Barb. 35, 56; @ Duer, 477, 541.

Glossary of Technical Terms, Phrases, and Maxims of the Common Law

Frederic Jesup Stimson · 1881

The withholding or extinction of a legacy caused by some act of the testator during life. Adeprimes.y?-. Pirst; in the first place. Aderere,/?-. In arrear; behind. Adesouth,^. Under, beneath.

A New Law Dictionary and Glossary

Alexander M. Burrill · 1850

[Lat. ademptio, q. v.] A taking away, or revocation; a term derived from the civil law. See Ademptio. Ademption of a legacy is the taking it away from the party to whom it has been given, arising from a supposed alteration in the testator's intention. Thus, if a man who has a sum of money due to him on a bond, expressly bequeaths it to some person named in his will, and after having done so, calls in the money himself, this is an ademption of the legacy, which is said to be adeemed. Ward on Legacies, 261, 268. Holthouse. Whishaw.