Devise

A gift of real property by will. Devise properly relates to the disposal of real property, not of personal.

21 Barb. 551, 561.

Devise is properly applied to gifts of real preperty by will, but may ba extended to embrace personal property, to execute the intention of the testator.

6 Ired. Eq. 173.

The words “devise,” “legacy,” and “bequest” may be applied indifferently to real or personal property, if such appears by the context of a will to have been the testator’sintention.

21 N. H. 514.

Devises are contingent or vested; that is, after the death of the testator. Contingent, when the vesting of any estate in the devisee is made to depend upon some future event, in which cuse, if the event never occur, or until it does occur, no estate vests under the devise. But, when the future event is referred to merely to determine the time at which the devisee shall come into the use of the estute, this does not hinder the vesting of the estate at the death of the testator.

1 Jarm. Wills, ¢. 26.

An exeeutory devise of lands is such a disposition of them by will that thereby no estate vesis at the death of the devisor, but only on some future contingency. It differs from a remainder in three very material points: (1) That it needs not any particular estate to support it; (2) that by it a fee-simple or other less estate may be limited after a fee-simple; (3) that by this means a remainder may be limited of a chattel interest, after a particular estate for life created in the same.

2 Bl. Comm, 172,