case birch versus baker at the roll a ademption of a legacy be not to be  presume Swinb part sect n I give a pound videlicet pound due on bind and pound  in money the testator after receive part of the money and take a bind for the  residue this no ademption of the legacy Mr solicitor general for the plaintiff  mr Lockington devise a moiety of two three of the residue of his south sea  stock India bank and orphan stock lease east India and south sea bind mortgage  and other his personal estate to his sister mrs Colchester who before the say  moiety be pay to her make her will and as for such share and proportion of her  brother Lockinqtons personal estate she devise all her say share to trustee to  pay pound out of it to her grandson birch and the residue of the money arise  by the sale of it be to be put out at interest for the benefit of her  granddaughter till she come to the age of twentyone year after the make the  will the executor of Mr Lockington at the desire of mrs Colchester and the  legatee of the other moiety come mosely report to a account and their  respective share be divide and pay to each of they and mrs Lockingtons moiety  consist of several east India and south sea bind and orphan and bank stock  part of which she afterward sell in her lifetime for pound and the question be  whether that be a ademption of so much of the legacy or whether we shall not  have a satisfaction out of her asset pro tanto I shall lie it down as a rule  that a ademption be not to be presume but must be either express or necessary  imply something must be do io show the intention of the testator alter or  otherwise though the thing be change there be no ademption your honour at a  former hear determine that the receive the legacy do not take it away for that  do not show a alteration of her intention but it be necessary to ascertain the  share and prevent survivorship so the present consideration be whether her  sale of part of it afterward as a divide moiety be a ademption of so much this  be not like the devise of a horse or other specific thing which if the  testator sell afterward the legacy be go for at the time mrs Colchester make  her will she be entitle to nothing in specie and she devise no specific thing  and the species afterward allot to her be not the thing she have before devise  so that her dispose of any of they afterward be not a alienation of any  specific thing she have devise but she design by her will that her moiety  shall be turn into money and pound of it to be pay to her grandson and the  residue to be put out at interest for the benefit of the granddaughter so that  she do not devise the share itself but the money arise by it and then since  ademptions be not to be presume what be there in this case that show a  alteration of her intention not the turn it into money for that be what she  design by her will so that this be only pursue that intention and prepare  thing for her trustee vern I give my uncle orm pound videlicet pound due on  bind and pound in money the testator after receive part of the pound and take  a bind for the other part this be adjudge by Lord Harcourt no ademption of the  legacy because nothing appear to show a alteration of intention it can be  imagine when mrs Colchester make her will she consider herself as entitle to a  six part of every species and then her will can be understand as a devise of a  six part of every species but she dispose of her six part be it what it will  and order it to be convert into money if her receipt be no ademption why shall  her sale of it which be not inconsistent with her will but carry on the  intention of it mosely report Mr attorneygeneral for the defendant this devise  of mrs Colchester be the same as if she have devise the particular sort and  she only express herself otherwise for shortness her say share be give to the  trustee and the turn of it into money be part of the trust and not of the  bequest and that direction show she do not apprehend she be entitle to money  and if after make her will she have not call it in her trustee will have be  entitle to a share of each species which show the will amount to a devise of  the particular kind and not of so much money I allow a ademption be not to be  presume but must be show by some fact that take away the thing and differ from  a revocation which take away the bequest as a late will or codicil and the  direction to the trustee to sell do not alter the case because this mosely  report er p be a sale by herself in her lifetime if the testator devise a bind  debt he design the legatee the money yet if he afterward call it in the legacy  be lose in the case of orm and smyth the legacy of pound remain though one of  the fund be alter and the videlicet make the difference for the pound be  absolute give the executor of Mr Lockington if the ready money be sufficient  can not turn these species into money for the payment of the debt but the  residuary legatee be intided to the specific share lady Dover devise the  residue of her personal estate which consist of leasehold house to a Roman  catholic and your lordship decree it to be distribute among her next of kin  because the testatrix have leave money sufficient to pay her debt the devise  be entitle to the very species and the executor can not sell they and she be  disable by the statute to take the lease therefore this devise be the same as  if she have devise the particular by name and the testatrix have afterward  dispose of part of they as to so much of they the legacy be go and it be  become part of her own estate suppose she have give they away can the legatee  have have satisfaction for they out of her asset master of the roll a  ademption be a imply revocation a declaration of the intention be alter and  must operate as a revocation the civil law distinguish where a legacy be pay  in by the debtor or coercion of law which be no ademption because no change of  mind appear and where it be call in by the testator in which case the legacy  be go the question then be if here do not appear a sufficient intention in the  testatrix to alter her mind the brother estate consist chief in security and  he give a moiety of two three of the residue of it enumerate the particular  species of which it consist to mrs Colchester and she by her will give this  her undivided share mosely report c afterward a division be make of the  brother estate and stock and bind be allot to her part of which she sell and  keep no account of the produce and the granddaughter will have her estate  debtor to her for so much mrs Colchester if the debt be pay may insist upon  receive the specific estate and have a injunction of this court to restrain  the executor from touch or sell the species and to have a equal share of every  species with the other legatee and not have one set off against the other  unless it be a prejudice to the estate the executor for instance can not have  give the leasehold estate to one or other of they but each may say I will have  a part of the real chattel she may have sell her undivided share and the  vendee will have stand in her room and that will have be a ademption and will  come to a division of it and then sell part of it make any difference mrs  Colchester after make her will first come to a division and receipt of her  share which do not amount to a ademption because it be do in concert with the  other legatee and by this step she put it more in her power to dispose of it  and accord she afterward sell part of it and keep no account of the produce  but if she have and the account have be frame in such a manner as show her  intention that this shall still be consider as part of her brother estate it  may then be say she be only carry on the intention of her will but have blend  the money with her own estate it show her intention that it shall be no long  consider as any part of her brother estate so I be of opinion that this sale  be a ademption pro tanto she have a property in her specific undivided share  and if she have sell it before the division that will have be a ademption and  why shall it not be after division which enable her the better to sell it and  she have keep no account of the money vern Swinb part ch raym vern mosely  report er p