For although there is no difference in principle between a devise of a piece of land by will and a conveyance of it by deed, the dramatic resemblance of a devisee to an heir is stronger than that of a grantee.
But when a similar joinder of times was allowed between a legatee ordevisee (legatarius) and his testator, the same explanation was offered.
So it was said by Lord Ellenborough, in a case where a lessor and his heirs were entitled to terminate a lease on notice, that a devisee of the land as heres factus would be understood to have the same right.
A devisee is a person who takes real property under a will, while a legatee takes personal property under a will, and the real property passing under the will is called a devise, and the personal property a bequest.
In neither case is any formality necessary, beyond the probate of the will, to vest the devisee of the testator or the heirs at law of the intestate with the title to the real property.
Civil Law) Defn: The designation of a person in a will to take a devise or legacy, either on failure of a former devisee or legatee by incapacity or unwillingness to accept, or after him.
Marshall continued in peaceful possession of the land, the title to which the Winchester court had decreed to be in the Fairfax devisee and not in Hunter.
Fairfax's Devisee slumbered in the drowsy archives of the Virginia Court of Appeals.
Any person may be a deviseeor legatee including married women, minors and corporations.
If a testator devises mortgaged land, is the devisee or person who receives the land also entitled to the money due from the mortgagor?
A devise of lands may consist of the entire estate or interest of the testator, or he may give the devisee a lesser interest in them.
If the widow proves up, title will pass to her; if she dies before proving up and the heirs or devisee make the proof, the title will vest in them, respectively.
As, for example, if the devise is to one of the sons of J S, who has several sons, such an uncertainty in the description of the devisee cannot be explained by parol proof.
If the descendant had neglected this formality, and had failed to be recognised as a legal member of the kindred or clan, he or she lost all rights to the property, which went to the devisee or next of kin.
In other words, the devisee could not possess the property devised to him until his place as heir in the succession by blood or adoption was legally established.
The above list will hopefully give you a few useful examples demonstrating the appropriate usage of "devisee" in a variety of sentences. We hope that you will now be able to make sentences using this word. Other words: assignee; beneficiary; pensioner; stipendiary
