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Depending upon local custom, legatees may be called "devisees". Traditionally, "legatees" took personal property under will and "devisees" took land under will.
Martin v. Hunter's Lessee, 14 U.S. (1 Wheat.) 304 (1816), was a landmark decision of the Supreme Court of the United States decided on March 20, 1816. It was the first case to assert ultimate Supreme Court authority over state courts in civil matters of federal law.
Under section 2-604(b) of the uniform probate code, "if the residue is devised to two or more persons, the share of a residuary devisee that fails for any reason passes to the other residuary devisee, or to other residuary devisees in proportion to the interest of each in the remaining part of the residue."
Part of the will of William Shakespeare, which uses "give, device, and bequeath." A devise is the act of giving real property by will, traditionally referring to real property. [1]
The person identified in such a clause is called the residuary taker, residuary beneficiary, residuary legatee, or residuary devisee. [2] Such a clause may state that, in the event that all other heirs predecease the testator, the estate would pass to a charity (that would, presumably, have remained in existence).
Devisee – beneficiary of real property under a will. Distribution – succession to personal property. Executor / executrix or personal representative [PR] – person named to administer the estate, generally subject to the supervision of the probate court, in accordance with the testator's wishes in the will.
Fairfax's Devisee v. Hunter's Lessee, 11 U.S. (7 Cranch) 603 (1813), [1] was a United States Supreme Court case arising out of the acquisition of lands originally granted by the British King Charles II (then in exile) in 1649 to Lord Fairfax in the Northern Neck and westward (all in what became the state of Virginia).
There is no one in English law to whom the universitas furis of the testator descends as it did to the Roman heirs, whose appointment was essential to the validity of a formal will, and who partook of the nature of the English heir, executor, administrator, devisee and legatee. The disabilities of testators differed in the two systems.