A devise is a disposition of real property by a person’s last will and testament, to take 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, wh…
Devise — Definition and meaning
of real property by a person’s last will
and testament, to take 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 Dcssaus. 617, 313; 1
Mod. 117 ; 1 Black. R. 345.
DEV
DIC
457
3. — 'I'hc term devise, properly mid
technically, applies only to real estate,
the object of the devise must therefore
bo that kind of property. I Hill. Ab.
ch. 30, n. 02 to 74. Devise is also
improperly applied to a bequest or
legacy, (q. v.) Vide 4 Kent, Com.
489; 8 Vin. Ab. 41 ; Com. Dig. Es-
tates bv Devise.
The importance of Devise
Devise appears in U.S. legal practice across multiple practice areas. Knowing what it means — and when it applies — can determine the outcome of motions, filings, and negotiations. For non-lawyers, the value of looking up a precise definition is that legal terms often carry meanings that differ from everyday usage; relying on the common meaning can lead to costly missteps.
How Devise is applied
In practice, Devise is invoked when parties, judges, or attorneys need to identify the legal status of an issue, the rights of those involved, or the procedural step required next. The definition shown above is sourced from Bouvier's Law Dictionary (1856) , which is widely cited in U.S. legal practice. Because U.S. law is jurisdictionally layered — federal, state, and sometimes local — the precise application of the term can vary by court, so check the controlling authority for your specific case.