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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]
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 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.
"When a will says "I devise and bequeath all my real and personal property to A", the principle of reddendo singula singulis would apply as if it read "I devise all my real property, and bequeath all my personal property, to A", since the word devise is appropriate only to real property and the term bequeath is appropriate only to personal ...
The U.S. Permanent Committee for the Oliver Wendell Holmes Devise is a committee established by Congress in 1955 after the late Associate Justice Oliver Wendell Holmes Jr. bequeathed a portion of his estate to the United States in 1935. The Congress used the gift to establish the Committee to document and disseminate the history of the Court.
[citation needed] Originally, it was a device intended solely for men who died without an heir. The English phrase "will and testament" is derived from a period in English law when Old English and Law French were used side by side for maximum clarity. Other such legal doublets include "breaking and entering" and "peace and quiet". [2]
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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.