ademptionn.

Brit.

/əˈdɛm(p)ʃn/, U.S.

/əˈdɛm(p)ʃ(ə)n/

Origin: A borrowing from Latin. Etymons: Latin ademptiōn-, ademptiō.

Etymology: < classical Latin ademptiōn-, ademptiō act of taking away, deprivation, removal < adempt- , past participial stem of adimere adeem v. + -iō -ion suffix¹. Compare French ademption (1612). Compare adempt v., and earlier adempt adj., adempted adj. Compare also redemption n., exemption n.

The action or an act of removing or taking something away; (Law) the making ineffective of a specific bequest in a will by the sale or disposal of the property specifically bequeathed before the death of the testator.

ΘΚΠ

the mind > possession > loss > taking away > [noun]

benimminga1400

subtraction1474

alienation1583

ademption1590

substraction1601

the world > relative properties > quantity > decrease or reduction in quantity, amount, or degree > deduction > [noun]

defalking1475

deduction1496

defeasance1516

detraction1528

subtraction1534

subduction1555

abating1557

ademption1590

subtracting1611

defalcation1624

retractiona1636

abate1646

deducing1651

dockage1886

society > law > transfer of property > testamentary disposition > [noun] > a bequest or legacy > revocation of bequest

ademption1590

1590 H. Swinburne Briefe Treat. Test. & Willes vii. f. 277 Ademption is a taking away of the legacie before bequeathed.

1615 T. Jackson Iustifying Faith 20 Whether ademption of equal portions from things equal, leaue not such equality betwixt them as it found.

1674 J. Godolphin Orphans Legacy iii. xxv. 338 A Legacy or Devise may also be made void by Ademption, which is a taking away of the Legacy by the Testator expresly in Fact, or in Construction of Law.

1737 Treat. Equity iv. ii. 105 Ademption of Legacies is two-fold, express'd and implied.

1765 R. Burn Eccl. Law iv. 263 If a man gives a portion to his daughter by will, and afterwards advances her with the like sum, it shall go in ademption of the legacy.

1815 W. Roberts Treat. Wills (ed. 2) II. i. 3 If the legacy is not expressly given for the same purpose, such advancement will not operate as an ademption.

1880 J. Muirhead tr. Ulpian Rules xxiv, in tr. Gaius Institutes 420 The words of ademption were to be a repetition of those of bequest, with the addition of a negative.

1922 Harvard Law Rev. 36 474 Because specific legacies are subject to ademption, courts have developed a tendency to construe legacies as general.

1999 Times (Nexis) 2 Apr. His Lordship said that the authorities made clear that both ademption and the issue of whether a gift was a portion depended upon the donor's intent.

This entry has been updated (OED Third Edition, December 2011; most recently modified version published online December 2021).

单词	ademption
释义	ademptionn. Brit. /əˈdɛm(p)ʃn/, U.S. /əˈdɛm(p)ʃ(ə)n/ Origin: A borrowing from Latin. Etymons: Latin ademptiōn-, ademptiō. Etymology: < classical Latin ademptiōn-, ademptiō act of taking away, deprivation, removal < adempt- , past participial stem of adimere adeem v. + -iō -ion suffix¹. Compare French ademption (1612). Compare adempt v., and earlier adempt adj., adempted adj. Compare also redemption n., exemption n. The action or an act of removing or taking something away; (Law) the making ineffective of a specific bequest in a will by the sale or disposal of the property specifically bequeathed before the death of the testator. ΘΚΠ the mind > possession > loss > taking away > [noun] benimminga1400 subtraction1474 alienation1583 ademption1590 substraction1601 the world > relative properties > quantity > decrease or reduction in quantity, amount, or degree > deduction > [noun] defalking1475 deduction1496 defeasance1516 detraction1528 subtraction1534 subduction1555 abating1557 ademption1590 subtracting1611 defalcation1624 retractiona1636 abate1646 deducing1651 dockage1886 society > law > transfer of property > testamentary disposition > [noun] > a bequest or legacy > revocation of bequest ademption1590 1590 H. Swinburne Briefe Treat. Test. & Willes vii. f. 277 Ademption is a taking away of the legacie before bequeathed. 1615 T. Jackson Iustifying Faith 20 Whether ademption of equal portions from things equal, leaue not such equality betwixt them as it found. 1674 J. Godolphin Orphans Legacy iii. xxv. 338 A Legacy or Devise may also be made void by Ademption, which is a taking away of the Legacy by the Testator expresly in Fact, or in Construction of Law. 1737 Treat. Equity iv. ii. 105 Ademption of Legacies is two-fold, express'd and implied. 1765 R. Burn Eccl. Law iv. 263 If a man gives a portion to his daughter by will, and afterwards advances her with the like sum, it shall go in ademption of the legacy. 1815 W. Roberts Treat. Wills (ed. 2) II. i. 3 If the legacy is not expressly given for the same purpose, such advancement will not operate as an ademption. 1880 J. Muirhead tr. Ulpian Rules xxiv, in tr. Gaius Institutes 420 The words of ademption were to be a repetition of those of bequest, with the addition of a negative. 1922 Harvard Law Rev. 36 474 Because specific legacies are subject to ademption, courts have developed a tendency to construe legacies as general. 1999 Times (Nexis) 2 Apr. His Lordship said that the authorities made clear that both ademption and the issue of whether a gift was a portion depended upon the donor's intent. This entry has been updated (OED Third Edition, December 2011; most recently modified version published online December 2021). < n.1590
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