162. When thing bequeathed is a valuable to be received by testator from third person; and testator himself, or his representative, receives it.- Where the thing bequeathed is not the right to receive something of value from a third person, but the money or other commodity which may be received from third person by the testator himself or by his representatives, the receipt of such sum of money or other commodity by the testator shall not constitute an ademption; but if he mixes it up with the general mass of his property, the legacy is adeemed. Illustration A bequeaths to B whatever sum may be received from his claim on C. A receives the whole of his claim on C, and sets it apart from the general mass of his property. The legacy is not adeemed. |
