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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]
Traditionally, a gift of real property was called a "devise", and a gift of other property was a "bequest". Nowadays, the words "bequeath" and "devise" are synonymous in most jurisdictions and so "I bequeath the rest of my property to..." is enough in both law and logic to achieve the same result.
The word is a conjunction of the Latin words fidei ("to/for trust"), dative singular of fides ("trust") and commissum ("left"), nominative neuter singular perfect past participle of committo ("to leave, bequeath, commit"), it thus denotes that something is committed to one's trust.
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 ...
Noscitur a sociis ("a word is known by its associates") When a word is ambiguous, its meaning may be determined by reference to the rest of the statute. This canon is often used to narrow the interpretation of terms in a list. We understand words in an act, particularly listed in words, by considering the words surrounding them.
The large ball crashed right through the table because it was made of Styrofoam: ambiguous use of a pronoun: The word "it" refers to the table being made of Styrofoam; but "it" would immediately refer to the large ball if we replaced "Styrofoam" with "steel" without any other change in its syntactic parse. [27]
The name has also often been associated with Germanic verbs such as English "quoth", originally the past tense of medieval "quethe", which meant "say" or "declare" (preserved in the modern word "bequeath"). However, the precise meaning of this word as an ethnonym is unclear in this case.
Ademption, or ademption by extinction, is a common law doctrine used in the law of wills to determine what happens when property bequeathed under a will is no longer in the testator's estate at the time of the testator's death. [1]