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FINDLAW LEGAL DICTIONARY

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Devise

devise 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
de·vis·able adj

de·vi·sor [de-və-zȯr; di-vī-zȯr, -zər]
n

n 1 : a gift of property made in a will
;specif
: a gift of real property made in a will see also abate, ademption compare distribution NOTE: Formerly devise was used to refer only to gifts of real property, and legacy and bequest were used only to refer to gifts of personal property. These distinctions are no longer closely followed. The Uniform Probate Code uses devise to refer to any gifts made in a will.

executory devise
: a devise of an interest in land that will vest in the future upon the occurrence of a contingency and that can follow a fee simple estate NOTE: Executory devises were invented as a way of getting around the rule in Shelley's case, which is now largely abolished.

general devise
: a devise that is to be distributed from the general assets of an estate and that is not of a particular thing

re·sid·u·ary devise
[ri-zi-jə-wer-ē-]
: a devise of whatever is left in an estate after all other debts and devises have been paid or distributed

spe·cif·ic devise
: a devise of a particular item or part of an estate that is payable only from a specified source in the estate and not from the general assets
2 : a clause in a will disposing of property and esp. real property
3 : property disposed of by a will



Source: Merriam-Webster's Dictionary of Law ©1996. Merriam-Webster, Incorporated. Published under license with Merriam-Webster, Incorporated.