Moncrief v. Shuman

1. “A legacy is adeemed or destroyed, wholly or in part, whenever the testator, after making- his will during his life, delivers over the property or pays the money bequeathed to the legatee, either expressly or by implication, in lieu of the legacy given; or when the testator conveys to another the specific property bequeathed and does not afterwards become possessed of the same, or otherwise places it out of the power of the executor to deliver over the legacy. If the testator attempts to convey and fails for any cause, the legacy is still valid.” Civil Code (1910), § 3908. Under…