Search results
Results From The WOW.Com Content Network
A devise is the act of giving real property by will, traditionally referring to real property. [1] A bequest is the act of giving property by will, usually referring to personal property. [2] Today, the two words are often used interchangeably due to their combination in many wills as devise and bequeath, a legal doublet.
Courts are reluctant to apply the doctrine to certain kinds of legacies, for example, devises of specific real estate or bequests of personal property. These specific legacies are viewed by courts as unique and not able to be replaced with a lifetime gift of money or other property.
The rule against perpetuities serves a number of purposes. First, English courts have long recognized that allowing owners to attach long-lasting contingencies to their property harms the ability of future generations to freely buy and sell the property, since few people would be willing to buy property that had unresolved issues regarding its ownership hanging over it.
A residuary estate, in the law of wills, is any portion of the testator's estate that is not specifically devised to someone in the will, or any property that is part of such a specific devise that fails. [1] It is also known as a residual estate or simply residue.
The division of property into real and personal represents the division into immovable and movable incidentally recognized in Roman law and generally adopted since. "Things personal", according to Blackstone, "are goods, money, and all other movables which may attend the owner's person wherever he thinks proper to go" (Comm. ii. 16).
Personal property is a standard coverage on a homeowners insurance policy. It covers belongings like furniture and clothing, paying up to a certain limit if they are stolen or damaged by a covered ...
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] For a devise (bequest) of a specific item of property (a specific gift), such property is considered adeemed, and ...
A gift, in the law of property, is the voluntary and immediate transfer of property from one person (the donor or grantor) to another (the donee or grantee) without consideration. There are several type of gifts in property law, most notably inter vivos gifts which are made in the donor's lifetime and causa mortis (deathbed) gifts which are ...