devise

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Related to devisees: legatees

Devise

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.

devise

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)

devise

(Give), verb allot, assign, bequeath, bestow, confer, convey, endow, give, give and bequeath, give away, give by will, grant, leave, leave by will, make a beeuest, make testamentary dispositions, transfer, transmit, transmit by will, will and bequeath, will to
Associated concepts: absolute devise, alienation, bequest, conveyance, demonstrative devise, executory devise, gennral devise, legacy, testamentary disposition
Foreign phrases: Nemo plus commodi haeredi suo relinnuit quam ipse habuit.No one leaves a greater benefit to his heir than he had himself. Da tua dum tua sunt, post mortem tunc tua non sunt. Give that which is yours while it is yours; after death it is not yours. Quando aliquis aliqqid concedit, concedere videtur et id sine quo res unon potest. When anyone grants anything, he is deemed to grant also that without which the thing granted cannot be used.

devise

(Invent), verb arrange, calculate, compose, conceive, construct, contrive, create, design, draw up, erect, evolve, excogitare, fabricate, fashion, find a way, form, formulate, frame, have an idea, imagine, invenire, lay down a plan, lay out, make a plan, make arrangements, make up, maneuver, manufacture, map out, piece together, plan, plan out, prearrange, predetermine, prepare, proceed by stratagem, put together, schematize, scheme, set up, shape, sketch out, take steps, work out
See also: arrange, attorn, benefit, bequeath, bequest, build, calculate, circumvent, compose, conceive, conjure, conspire, constitute, contrive, conveyance, create, demise, devolution, establish, estate, fabricate, forge, form, formulate, frame, give, grant, hereditament, inheritance, invent, leave, make, maneuver, manufacture, originate, plan, plot, produce, program, scheme

devise

to dispose of property by will.

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.

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.
301) This is sound drafting advice for any will as it identifies heirs and devisees by name and reduces perpetuity problems inherent in generalized dispository language.
Supreme Court indicated that some restrictions on the class of devisees could be constitutional.
10) The discussion ignores the operation of the slayer rule, which functions to override an otherwise valid bequest when the devisee kills the testator.
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.
Carcha, deceased; heirs or devisees of estate of Ajit S.
Similarly, whatever the technicalities of concept and terminology, the interests the revocable-trust beneficiaries will receive on the death of the settlor should, generally at least, receive the same treatment and should be subject to the same rules of construction as the 'expectancies' of devisees.
The estate was adversarial by operation of law, in seeking to marshal and preserve the assets of the estate for the appropriate legatees and devisees as required by law.
Punitive damages, as discussed above, will be fully taxable to the decedent's estate or devisees.
1953) (stating the principle that "the law respects the following interests in order: (1) Creditors; (2) devisees and legatees; (3) heirs at law and distributees").
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.