De Vis Abe.L

To separate, divide, distribute: to dispose of property by will; to devise. Devisavit vel non. Did he make a devise or not; did he make a will. An issue, directed by a court of probate or other court of equity, to be tried by a jury in a court of law, to test the validity of a writing purporting to be a will, when it is alleged, and by prima facie proof established, that there was fraud, undue influence, or incapacity in the deceased, at the time of the making of the instrument. See Influence; Insanity, 3 (5). The right of an executor to costs in an issue depends upon the question whether the litigation is for the benefit of those entitled to the estate.'