devise


devise
/davayz/ A testamentary disposition of land or realty; a gift of real property by the last will and testament of the donor. When used as a noun, means a testamentary disposition of real or personal property and when used as a verb, means to dispose of real or personal property by will. Uniform Probate Code, No. 1-201(7).
See also bequest
To contrive; plan; scheme; invent; prepare.
Classification
Devises are contingent or vested; that is, after the death of the testator. Contingent, when the vesting of any estate in the devisee is made to depend upon some future event, in which case, if the event never occur, or until it does occur, no estate vests under the devise. But, when the future event is referred to merely to determine the time at which the devisee shall come into the use of the estate, this does not hinder the vesting of the estate at the death of the testator.
Devises are also classed as general or specific.
@ general devise
A general devise is one which passes lands of the testator without a particular enumeration or description of them; as, a devise of "all my lands" or "all my other lands."
In a more restricted sense, a general devise is one which grants a parcel of land without the addition of any words to show how great an estate is meant to be given, or without words indicating either a grant in perpetuity or a grant for a limited term; in this case it is construed as granting a life estate.
@ specific devise
Specific devises are devises of lands particularly specified in the terms of the devise, as opposed to general and residuary devises of land, in which the local or other particular descriptions are not expressed.
For example, "I devise my Hendon Hall estate" is a specific devise; but "I devise all my lands," or, "all my other lands," is a general devise or a residuary devise. But all devises are (in effect) specific, even residuary devises being so.
At common law, all devises of land were deemed to be "specific" whether the land was identified in the devise or passed under the residuary clause.
See also devise
@ conditional devise
A conditional devise is one which depends upon the occurrence of some uncertain event, by which it is either to take effect or be defeated.
@
executory devise
An executory devise of lands is such a disposition of them by will that thereby no estate vests at the death of the devisor, but only on some future contingency. It differs from a remainder in three very material points:
(1) That it needs not any particular estate to support it;
(2) that by it a fee-simple or other less estate may be limited after a fee-simple;
(3) that by this means a remainder may be limited of a chattel interest, after a particular estate for life created in the same. 2 Bl.Comm. 172.
In a stricter sense, a limitation by will of a future contingent interest in lands, contrary to the rules of the common law.
A limitation by will of a future estate or interest in land, which cannot, consistently with the rules of law, take effect as a remainder. A future interest taking effect as a fee in derogation of a defeasible fee devised or conveyed to the first taker, when created by will, is an "executory devise," and, when created by deed, is a "conditional limitation," and in either event is given effect as a shifting or springing use. The estates known as a contingent remainder and an "executory devise" are both interests or estates in land to take effect in the future and depend upon a future contingency; an "executory devise" being an interest which the rules of law do not permit to be created in conveyances, but allow in case of wills. It follows a fee estate created by a will. A contingent remainder may be created by will or other conveyance and must follow a particular or temporary estate created by the same instrument of conveyance.
@ lapsed devise
A devise which fails, or takes no effect, in consequence of the death of the devisee before the testator; the subject-matter of it being considered as not disposed of by the will.
See also devise
@ residuary devise
A devise of all the residue of the testator's real property, that is, all that remains over and above the other devises.
See also general definition above
@

Black's law dictionary. . 1990.

Synonyms:

Look at other dictionaries:

  • Devise — Devise …   Deutsch Wörterbuch

  • devise — [ dəviz ] n. f. • XVe « signe distinctif »; XIe « division »; de deviser I ♦ 1 ♦ Formule qui accompagne l écu dans les armoiries. Devise inscrite dans un cartouche. ⇒ légende. Par ext. Figure emblém …   Encyclopédie Universelle

  • devise — de·vise 1 /di vīz/ vt de·vised, de·vis·ing [Anglo French deviser to divide, share, bequeath, ultimately from Latin dividere to divide]: to give (property) by will; specif: to give (real property) by will compare alienate, bequeath, convey …   Law dictionary

  • devise — DEVISE. s. f. Figure accompagnée de paroles, exprimant d une manière allégorique et courte, quelque penée, quelque sentiment. On appelle La figure représentee dans une devise, Le corps de la devise; et on appelle Les paroles, L âme de la devise.… …   Dictionnaire de l'Académie Française 1798

  • devise — Devise. s. f. Figure accompagnée de paroles servant à exprimer, l estat, les sentimens, les desseins d une personne ou les proprietez d une chose. On appelle. La figure representée dans la devise, Le corps de la devise; Et on appelle les paroles …   Dictionnaire de l'Académie française

  • devise — de‧vise [dɪˈvaɪz] verb [transitive] LAW to give land or buildings to someone after you die by writing it in a will devise noun [uncountable] see also bequest * * * Ⅰ …   Financial and business terms

  • Devise — De*vise , v. t. [imp. & p. p. {Devised}; p. pr. & vb. n. {Devising}.] [OF. deviser to distribute, regulate, direct, relate, F., to chat, fr. L. divisus divided, distributed, p. p. of dividere. See {Divide}, and cf. {Device}.] 1. To form in the… …   The Collaborative International Dictionary of English

  • Devise — Saltar a navegación, búsqueda Devise País …   Wikipedia Español

  • Devise — Sf Wahlspruch erw. fach. (16. Jh.) Entlehnung. Entlehnt aus frz. devise, eigentlich Abgeteiltes , zu frz. deviser ein , abteilen , über früh rom. * dēvisāre, * dīvisāre aus l. dīvidere (dīvīsum). Das Wort stammt aus der Wappenkunde und bezeichnet …   Etymologisches Wörterbuch der deutschen sprache

  • Devise — De*vise , v. i. To form a scheme; to lay a plan; to contrive; to consider. [1913 Webster] I thought, devised, and Pallas heard my prayer. Pope. [1913 Webster] Note: Devise was formerly followed by of; as, let us devise of ease. Spenser. [1913… …   The Collaborative International Dictionary of English

  • Devise — may refer to: To invent something A disposition of real property in a will Devise A Free and Open Software (FOS) project providing application user authentication through Warden Devise, Somme See also Device (disambiguation) Devizes (town in… …   Wikipedia


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