ADEMPTION OF LEGACY occurs where a legacy does not take effect owing to some act on the part of a testator not affecting the validity of the will ; (1) Where the testator alienates the subject matter during his lifetime the legacy fails ; (2) Where a parent or a person in loco parentis gives a legacy to a child, and afterwards advances to such child a portion on marriage, or on preferment in life, if the portion be equal to or greater than the legacy, it operates as a total ademption of such legacy ; if of lesser amount it adeems the legacy pro twill).
[See Williams on Executors, 1879, pp. 1327