Devise.L

Fr. & Eng. [L. Lat. devisamentum, devisatio, devisa or divisa; from Fr. deviser; Lat. dividers, to divide.] A gift or disposition of lands or other real property, by a last will and testament.* 2 Bl. Com. 873. 4 Kent's Com. 501, and note. 2 miliard's Heal Prop, 474. A will of lands, or other real estate. 1 Powell on Dev. 7—9. 2 Bl. Com. 373. 4 Kent's Com. 501. The Latin form of this word {divisa,) would seem to show that the original spelling was divise. See Divisa. The word devisisset, however, occurs in Domesday. Cowell, voc. Devisere. Devise (divisa,) is used by Glanville to signify a division or disposition of personal property. Olanv, lib. 12, c. 20. Spelman, voc. Divisa. But it is now exclusively employed to denote a disposition of real estate, as distinguished from a bequest of personal. '2 Bl, Com, 373. 1 Steph. Com, 557. A devise is said to be not a conveyance by the common law, but by custom and statute. 3 Salk. 127. See u. S. Digest and Supplement, Devise. To DEVISE. [L. Fr. deviser; L. Lat. devisare.] To ffive or dispose of lands or hereditaments by will; to make a will of lands.* 1 Powell on Dev. c. 2. 2 Bl. Com. 373, et seq. To frame or draw an instrument, as a conveyance or assurance, by counsel. This word is used in Roswell's ease, (5 Co. 19 b.) as advise is in Higginbottom's case, which follows, {Id. ibid.) both being treated in some degree as synonymous. Cro, Miz. 297, 298, S. C. The phrase, " shall be ■ reasonably devised, advised or required," continues to be used in covenants in deeds for further assurances.