The hand-book of the law of legacies / containing a statement of the nature of legacies, and the accidents to which they are subjects; together with the rights of legatees, and the causes and manner of the ademption, cumulation, and abatement of their bequests

by Anonymous

CHAPTER VII.

THE ADEMPTION, CUMULATION, AND ABATEMENT
OF LEGACIES.

No care is too great to give a precise expression to a testator’s will, and difficulties enough often arise after every care has been taken to avoid misconstruction, and therefore there cannot be too much care spent in endeavouring to ascertain, as well as to express, the meaning of a testament. But there are frequently other circumstances which supervene to alter, enlarge, or altogether obviate the intentions of a testator for the benefit of his relatives, without possibly any cognizance on his part. In some instances, the legacies which he intended to give are, either by his own voluntary or inadvertent act, or by the influence of circumstances, altogether taken away and lost to the parties whom he nominates legatees; and this is called the ademption of legacies. In other cases, the amounts of the legacies specified become, through the effect of other circumstances, increased, and this is called the cumulation of legacies. In others, again the amounts, instead of being increased or destroyed, are decreased; and this is called the abatement of legacies.