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Today, the two words are often used interchangeably due to their combination in many wills as devise and bequeath, a legal doublet. The phrase give, devise, and bequeath, a legal triplet, has been used for centuries, including the will of William Shakespeare. The word bequeath is a verb form for the act of making a bequest. [3]
Merism (Latin: merismus, Ancient Greek: μερισμός, romanized: merismós) is a rhetorical device (or figure of speech) in which a combination of two contrasting parts of the whole refer to the whole. [1]: 10 [2] [3] For example, in order to say that someone "searched everywhere", one could use the merism "searched high and low".
This means that the plain meaning rule (and statutory interpretation as a whole) should only be applied when there is an ambiguity. Because the meaning of words can change over time, scholars and judges typically will recommend using a dictionary to define a term that was published or written around the time the statute was enacted. Technical ...
give, devise and bequeath [1] grant, bargain and sell [1] name, constitute and appoint [1] null, void and of no effect; tamper with, damage, or destroy; ordered, adjudged and decreed [4] peace, amity and commerce; remise, release and forever quit claim [1] rest, residue and remainder [1] right, title and interest [1] signed, sealed and ...
[citation needed] Originally, it was a device intended solely for men who died without an heir. The English phrase "will and testament" is derived from a period in English law when Old English and Law French were used side by side for maximum clarity. Other such legal doublets include "breaking and entering" and "peace and quiet". [2]
The U.S. Permanent Committee for the Oliver Wendell Holmes Devise is a committee established by Congress in 1955 after the late Associate Justice Oliver Wendell Holmes Jr. bequeathed a portion of his estate to the United States in 1935. The Congress used the gift to establish the Committee to document and disseminate the history of the Court.
Edward VI left a Device for the Succession, in an attempt to remove the peculiarity of his sisters' illegitimacy and rights of succession. The validity of the device was challenged after his death. In Edward's Device, Henry VIII's two illegitimate (by the Third Succession Act) daughters were excluded:
For a devise (bequest) of a specific item of property (a specific gift), such property is considered adeemed, and the gift fails. For example, if a will bequeathed the testator's car to a specific beneficiary, but the testator owned no car at the time of his or her death, the gift would be adeemed and the aforementioned beneficiary would ...