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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 ?
(311) A transfer of real property to multiple persons in other cases creates a tenancy in common unless the deed or will expressly states "that the grantees or devisees shall take the land as joint tenants." (312)
Supreme Court indicated that some restrictions on the class of devisees could be constitutional.
(267) In its turn, the majority defended the traditional rule by highlighting the other edge of the continuum: "[I]f a will disposes of only one small specific item out of a large and valuable estate, it would be absurd to hold that the devisee of that one small item is entitled to the remainder of the estate." (268) Added the court, "The same logic applies in the present case." (269)
While after-tax earnings must be considered to determine the amount of a damage award, the income tax consequences of an actual award fall under IRC section 104 (a)(2), which specifies that "gross income does not include the amount of any damages (other than punitive damages) received (whether by suit or agreement and whether as lump sums or as periodic payments) on account of personal physical injuries or physical sickness." Punitive damages, as discussed above, will be fully taxable to the decedent's estate or devisees.
5.270 (Revocation of Changes reference in (b) (Continued Probate) Administration) from "devisees" to "beneficiaries" to conform to term used in F.S.
It is appropriate, in the spirit of educating people about gay, lesbian, and non-traditional families, to state who you are and who you consider to be your family and devisees.(301) The last will and testament can also be used in conjunction with trust planning.
The Dacey trust is a will substitute, a nonprobate will,(238) and heavily promoted as such.(239) The purported settlor creates a revocable trust, declaring herself trustee for herself as beneficiary for life, with remainders to the persons who are in function the devisees. During the settlor's lifetime his or her dominion over the property--that is, over the nominal trust assets--remains total.
Austrian Roth & Partners, a real estate consultancy which has acted in place of the owner ("In Loco Domini") for offshore investors, is expanding its capability to provide the same services to individuals, families, trustees, devisees and non-profit organizations.
In this case, no claims were filed by creditors, and the residuary beneficiary consented to the payments to the specific devisees (although not informed of the immediate vesting of the homestead), so there was no harm.
5.270 9/5/03 Changes reference in (b) from "devisees" Approved: 18-0 to "beneficiaries" to conform to term used in F.S.
This Settlement Agreement shall be binding upon the heirs, legatees, devisees, administrators, and personal representatives of the parties hereto and, in the event of the death of either of the parties of this Settlement Agreement while said Settlement Agreement is in force and effect, the estate of said deceased parry shall be obligated and responsible for the performance of the obligations and conditions of this Settlement Agreement.