A Treatise On the American Law of Administration volume 2

Cover A Treatise On the American Law of Administration volume 2
A Treatise On the American Law of Administration volume 2
J G John Gabriel Woerner
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Tatem, 9 Mont. 35*.
6 Ky. St. 1894, § 4835 ; Haselwood v. ^^ Rev. St. 1S85, §§ 3011 et seq.
"Webster, 82 Ky. 409. 2t Co^jp^ jgg; §§ 3072, 3073. In70 § 450 STATUTORY PROVISIONS AFFECTING ADEMPTION. * 983 whole or part of a thing bequeathed is declared a revocation in tota or pro tanto, as the case may be, although the gift or sale be null and the thing have returned to the possession of the testator.^ In California advancements of gifts are not to be taken as ademptions of general legacies, unle
...ss such intention is expressed in writing by the testator.^ In Kentucky, Virginia, ' and West Virginia, * the doctrine of ademption or satisfaction by advancement is extended to all persons, whether the testator stand to them in loco parentis or not ; and parol evidence is admissible to show the testator's inten- tion. An exception is made in Kentucky in favor of heirs as lega- tees, in respect to whom a conversion of the thing given works no ademption, but the legatee is entitled to the value of the thing con- verted, unless the testator otherwise intended, ^ the burden of proof resting on those who assert the ademption.

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