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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]
Devise – testamentary gift of real property. 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 ...
The Roman testatum applied to both movables and immovables; in England a legacy or bequest is a gift of personalty only, a gift of real estate being called a devise. The Roman will spoke from the time of making; the English speaks from the time of death.
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 ...
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 ...
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