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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.
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
deviseto 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.