Adelantado
Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914
Bouvier's Law Dictionary and Concise Encyclopedia
In Spanish Law. The military and political governor of a frontier province. This office has long since been abolished. ADEMPTION (Lat. ademptio, a taking away). The extinction or withholding of a legacy in consequence of some act of the testator which, though not directly a revocation of tbe bequest, is considered in law as equivalent thereto, or indicative of an intention to revoke. It is a distinction between the revocation of a will and the ademption of a legacy that the former cannot be done wholly or partly by words, but parol evidence is admissible to establish the latter; 2 Tayl. Ev. § 1146; and it may also be rebutted by parol; id. § 1227. The question of ademption of a general legacy depends entirely upon the intention of the testator, as inferred from his acts under the rules established in law; Cowles v. Cowles, 56 Conn. 240, 13 Atl. 414; Richards v. Humphreys, 15 Pick. (Mass.) 133. Where the relations of the parties are such that the legacy is, in law, considered as a portion, an advancement during the life of the testator will be presumed an ademption, at least, to the extent of the amount advanced; 5 M. & C. 29; 3.
Hare 509; Roberts v. Weatherford, 10 Ala. 72; Moore v. Hilton, 12 Leigh (Va.) 1; Hansbrough's Ex'rs v. Hooe, 12 Leigh (Va.) 316, 37 Am. Dec. 659; Carmichael v. Latbrop, 108 Mich. 473, 66 N. W. 350, 32