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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, it means a testamentary disposition of real or Personal Property, and when used as a verb, it means to dispose of real or personal property by will. To contrive; plan; scheme; invent; prepare.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.


1) v. an old-fashioned word for giving real property by a will, as distinguished from words for giving personal property. 2) n. the gift of real property by will. (See: gift, bequest, legacy, remise, will)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.


to dispose of property by will.
Collins Dictionary of Law © W.J. Stewart, 2006

DEVISE. A devise is a disposition of real property by a person's last will and testament, to tale effect after the testator's death.
     2. Its form is immaterial, provided the instrument is to take effect after the death of the party; and a paper in the form of an indenture, which is to have that effect, is considered as a devise. Finch. 195 6 Watts, 522; 3 Rawle, 15; 4 Desaus. 617, 313; 1 Mod. 117; 1 Black. R. 345.
     3. The term devise, properly and technically, applies only to real estate the object of the devise must therefore be that kind of property. 1 Hill. Ab. ch. 36, n. 62 to 74. Devise is also sometimes improperly applied to a bequest or legacy. (q.v.) Vide 2 Bouv. Inst. n. 2095, et seq; 4 Kent, Com. 489 8 Vin. Ab. 41 Com. Dig. Estates by Devise.
     4. In the Year Book, 9 H. VI. 24, b. A. D. 1430, Babington says, the nature of a devise, when lands are devisable, is, that one can devise that his lands shall be sold by executors and this is good. And a devise in such form has always been in use. And so a man may have frank tenement of him who had nothing, in the same manner as one may have fire from a flint, and yet there is no fire in the flint. But it is to perform the last will of the devisor.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
(a) If the homeowner has a spouse or minor child, no devise is permitted.
C'est le cas sur le marchAaAaAeA@ interbancai et bientAaAaAeA t sur le marchAaAaAeA@ interbancaire participatif, mais AaAaAeA@ga sur ce que l'on peut appeler dAaAaAeA?s AaAaAeA prAaAaAeA@sent le nouveau marchAaAaAeA@ inter marocain de devises. En procAaAaAeA@dant de la sorte, la Banque centrale cherc chaque fois AaAaAeA pousser les opAaAaAeA@rateurs AaAaAeA dAaAaAeA@velopper leurs propres AaAaAeA AaAaAeA tre indAaAaAeA@pendants et rAaAaAeA@s
Telematics devises are still in their nascent stage of market penetration in India but given the regulatory drive it is expected to see growth.
These judges are especially apt to presume that they have "the requisite intellectual capacity" to devise by the light of their own unaided reason a new moral and legal order suitable for our time.
A multifaceted approach to assessment helps Pipkin and her colleagues devise an appropriate plan to meet that goal for all kids.
A married owner without a minor child may devise the homestead outright to the surviving spouse; otherwise, the married owner may not devise the homestead.
Wixted says FBI and law enforcement officials may take part in these drills, working with management to devise a consistent response.
Gilmore wants to devise systems of education where there is no failure unless the person agrees that it is failure because they feel that they have not achieved what they decided to achieve.
While a joint tenancy may be severed by mutual agreement or by a conveyance by one of the joint tenants, a decedent cannot devise property held by the decedent and another in joint tenancy.