executory devise

transitive verb | \ di-ˈvīz \ | de·vise

1. : to give (property) by will; specifically : to give (real property) by will — compare alienate, bequeath, convey : to give (real property) by will — compare alienate, bequeath, convey

noun

1. : a gift of property made in a will; specifically : a gift of real property made in a will — see also abate, ademption — compare distribution : a gift of real property made in a will — see also abate, ademption — compare distribution

   Note: Formerly devise was used to refer only to gifts of real property, and legacy and bequest were used only to refer to gifts of personal property. These distinctions are no longer closely followed. The Uniform Probate Code uses devise to refer to any gifts made in a will.

   — executory devise
   : a devise of an interest in land that will vest in the future upon the occurrence of a contingency and that can follow a fee simple estate Note: Executory devises were invented as a way of getting around the rule in Shelley's case, which is now largely abolished.

   — general devise
   : a devise that is to be distributed from the general assets of an estate and that is not of a particular thing

   — residuary devise
   : a devise of whatever is left in an estate after all other debts and devises have been paid or distributed

   — specific devise
   : a devise of a particular item or part of an estate that is payable only from a specified source in the estate and not from the general assets

2. : a clause in a will disposing of property and especially real property

3. : property disposed of by a will