Also known as: demonstrative evidence · demonstrative legacy
Written by attorneys · grounded in primary & secondary sources — see below
A testamentary disposition of a specified amount of money or quantity of property that is primarily payable from a designated source but secondarily from the general assets of the estate if the primary source proves insufficient.
Diana Delgado's will directed that her niece receive $50,000 from the proceeds of her brokerage account. At death the account held only $30,000. The niece received the remaining $20,000 from other estate assets because the devise operated as a demonstrative gift with secondary recourse to the residue.
Derek Douglas's will left his sister $75,000 from the proceeds of a life insurance policy naming his estate as beneficiary. The policy paid only $40,000. The sister collected the remaining $35,000 from the general estate assets, leaving less for the residuary beneficiary.
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A demonstrative devise remains payable in full from general estate assets if the primary source falls short. A specific devise adeems to the extent the identified asset is missing or insufficient.
Supporting sources
For abatement purposes a demonstrative devise is treated as specific to the extent the designated source covers it and as general to the extent it must draw from other assets.
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Language limiting payment solely to the designated source, such as conditioning the gift on the source containing sufficient funds at death, converts the devise into a specific one.
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…his independent and untrammeled judgment with respect to his client. This disciplinary stricture should be practically self-demonstrative to any conscientious attorney. There is nothing novel about the ethical dilemma dealt with by DR 5-105. A lawyer cannot serve two masters in the same subject matter if their interests are…