Search results
Results From The WOW.Com Content Network
A devise is real property given by will. [1] A bequest is personal property given by will. [2] 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 ...
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 ...
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.
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.
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".
The value of the bequest was roughly $263,000 at the time of Holmes's death and it was President Franklin Roosevelt who recommended the gift be used to document and promote the law. In 1938 a committee of three Congressmen, three Senators, and three Supreme Court members recommended four options for the gift.
A specific devise, is a specific gift in a will to a specific person other than an amount of money. For example, if James's will states that he is leaving his $500,000 yacht to his brother Mike, the yacht would be a specific devise. A general devise, is a monetary gift to a specific person to be satisfied out of the overall estate. For example ...
The anti-lapse statute "saves" the bequest if it has been made to parties specified in the statute, usually members of the testator's immediate family, if they had issue that survived the testator. For example, the New York anti-lapse statute specifies brothers, sisters, and issue, specifically.