Executory Devise

In a general sense. A devise of a future interest in lands, not to take effect at the testator's death, but limited to arise and vest upon some future contingency.

1 Feame on Remainders, 382.

A disposition of lands by will, by which no estate vests at the death of the devisor, but only on some future contingency.* 2 Bl. Com. 172. In a stricter sense, a limitation by will of a future contingent interest in lands, contrary to the rules of the common law.* 4 Kenfs Com. 263. 1 Steph. Com. 564.— A limitation by will of a future estate or interest in land, which cannot, consistently with the rules of law, take effect as a remainder.

2 Powell on Dev. (by Jarman,) 237. Lewis on Perpetuity, 71, 72.