A specific legacy is a gift of personal property designated in a will. If the specific item is not in the estate at the time of death, the gift is deemed to be revoked. Therefore, the estate would not have to purchase a similar item to give in its place. If evidence is presented, though, that convinces the court that the gift was intended even if the item was not in the estate at the time of death, the court can order the item to be acquired with the general funds of the estate and given to the beneficiary.
