{"id":360275,"date":"2013-01-28T16:34:14","date_gmt":"2013-01-28T21:34:14","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/dictionary\/definition\/devise.html"},"modified":"2013-01-28T16:34:14","modified_gmt":"2013-01-28T21:34:14","slug":"devise","status":"publish","type":"dictionary","link":"https:\/\/dictionary.findlaw.com\/definition\/devise.html","title":{"rendered":"Devise"},"content":{"rendered":"\n
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term:<\/p>\n

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vt<\/p><\/dt>\n

de\u00b7vised<\/strong> <\/p>\n

de\u00b7vis\u00b7ing<\/strong>
[Anglo-French deviser<\/em> to divide, share, bequeath, ultimately from Latin dividere<\/em> to divide]
:<\/strong> to give (property) by will
;specif<\/em>
:<\/strong> to give (real property) by will compare alienate<\/a>, bequeath<\/a>, convey<\/a>
de\u00b7vis\u00b7able adj<\/em>
<\/em><\/strong>
de\u00b7vi\u00b7sor [de-v\u0259-z\u022fr; di-v\u012b-z\u022fr, -z\u0259r]
n<\/em>
<\/em><\/strong>
n 1<\/strong> :<\/strong> a gift of property made in a will
;specif<\/em>
:<\/strong> a gift of real property made in a will see also abate<\/a>, ademption<\/a> compare distribution<\/a> NOTE: Formerly devise<\/em> was used to refer only to gifts of real property, and legacy<\/em> and bequest<\/em> were used only to refer to gifts of personal property. These distinctions are no longer closely followed. The Uniform Probate Code uses devise<\/em> to refer to any gifts made in a will. <\/em><\/p>\n

executory devise<\/strong>
:<\/strong> 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. <\/em><\/p>\n

general devise<\/strong>
:<\/strong> a devise that is to be distributed from the general assets of an estate and that is not of a particular thing<\/p>\n

re\u00b7sid\u00b7u\u00b7ary devise<\/strong>
[ri-zi-j\u0259-wer-\u0113-]
:<\/strong> a devise of whatever is left in an estate after all other debts and devises have been paid or distributed<\/p>\n

spe\u00b7cif\u00b7ic devise<\/strong>
:<\/strong> 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<\/strong> :<\/strong> a clause in a will disposing of property and esp. real property
3<\/strong> :<\/strong> property disposed of by a will<\/p>\n

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Source: Merriam-Webster’s Dictionary of Law \u00a91996. Merriam-Webster, Incorporated. Published under license with Merriam-Webster, Incorporated.<\/div>\n<\/div>\n
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Related Terms from the Estate and Probate Law Glossary<\/h2>\n\t\n\t
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