A testator; one who devises his real estate. 2. — As a general rule all persons who may sell the estate may devise it. The disabilities of devisors may be classed in three divisions. 1. Infancy. In some of the United States this disa- bility is partially removed ; in I…
A guide to Devisor
devises his real estate.
2. — As a general rule all persons
who may sell the estate may devise it.
The disabilities of devisors may be
classed in three divisions. 1. Infancy.
In some of the United States this disa-
bility is partially removed ; in Illinois,
Maryland, Mississippi and Ohio, an
unmarried woman at the age of eigh-
teen years may devise. 2. Coverture.
In general a married woman cannot
devise, but in Connecticut and Ohio
she may devise her lands ; and in
Illinois, her soperate estate. In Louis-
iana, she may devise without the con-
sent of her husband. Code, art. 132.
3. Idiocy and non sane memory. It
is evident that a person non compos
can make no devise, because he has
no will.
3. — The removal of the disability
which existed at the time of the devise
does not, of itself, render it valid.
For example, when the husband dies,
and the wife becomes a feme sole ; when
one non compos is restored to his
sense ; and when an infant becomes of
age ; these several acts do not make a
will good, which at its making was
void. 11 Mod. 123, 157; 2 Vern.
475; Comb. 84; 4 Ilawle, R. 330.
Vide Testament or Will.
Why Devisor is relevant in U.S. law
Devisor 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.
When and how Devisor applies
In practice, Devisor 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.