Is the bequest or devise general or demonstrative rather than specific?

The principle of ademption does not apply to general or demonstrative legacies and devises (including all residuary bequests and devises), but only to specific legacies and devises. If a gift under a will can be characterized as something other than a specific bequest or devise, the principle of ademption will not apply. To avoid an ademption, courts often have bent over backwards to label a bequest as general or demonstrative.

Although the word "my" as in "my Ford Motor Company stock" or "my gold ring," generally will result in a finding that a certain bequest is specific, courts have deemed many other bequests or legacies that may appear specific as general or demonstrative. For example, a bequest of "100 shares of Ford Motor Company" or "a gold ring" often is found to be a general bequest because the executor can satisfy such legacy from the assets of the estate. The distinction is that the executor cannot buy "my 100 shares of Ford Motor Company stock," but can buy "100 shares of ... more.

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