executory devise

executory devise
Devise of a future estate, and, if the executory devisee dies before the event happens, the estate goes to the heir at the time of the event, and not to the heir at the time of the death of the devisee. The happening of the contingency determines who is to take the estate, and until that time no one has an interest to transmit. By the earlier common law it was an established rule that a devise of lands, without words of limitation, conferred upon the devisee an estate for life only. An exception was soon recognized in the case of a will, so that an estate in fee could be given without the use of the technical words required in a conveyance or deed. The gift in such case was known as an "executory devise."

Black's law dictionary. . 1990.

Игры ⚽ Поможем решить контрольную работу

Look at other dictionaries:

  • executory devise — see devise Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • executory devise — Devise of a future estate, and, if the executory devisee dies before the event happens, the estate goes to the heir at the time of the event, and not to the heir at the time of the death of the devisee. The happening of the contingency determines …   Black's law dictionary

  • executory devise — noun : a devise of land which takes effect by terminating a preceding interest …   Useful english dictionary

  • devise — de·vise 1 /di vīz/ vt de·vised, de·vis·ing [Anglo French deviser to divide, share, bequeath, ultimately from Latin dividere to divide]: to give (property) by will; specif: to give (real property) by will compare alienate, bequeath, convey …   Law dictionary

  • executory — ex·ec·u·to·ry /ig ze kyə ˌtōr ē/ adj: designed or of such a nature as to be performed in the future or to take effect on a future contingency cancellation of the executory portion of the contract J. J. White and R. S. Summers compare contingent… …   Law dictionary

  • Executory — Ex*ec u*to*ry, a. [LL. executorius, L. exsecutorius: cf.F. ex[ e]cutoire.] 1. Pertaining to administration, or putting the laws in force; executive. [1913 Webster] The official and executory duties of government. Burke. [1913 Webster] 2. (Law)… …   The Collaborative International Dictionary of English

  • devise — /davayz/ A testamentary disposition of land or realty; a gift of real property by the last will and testament of the donor. When used as a noun, means a testamentary disposition of real or personal property and when used as a verb, means to… …   Black's law dictionary

  • devise — /davayz/ A testamentary disposition of land or realty; a gift of real property by the last will and testament of the donor. When used as a noun, means a testamentary disposition of real or personal property and when used as a verb, means to… …   Black's law dictionary

  • executory — /agzekyatoriy/ That which is yet to be fully executed or performed; that which remains to be carried into operation or effect; incomplete; depending upon a future performance or event. The opposite of executed. As to executory bequest executory… …   Black's law dictionary

  • executory — /agzekyatoriy/ That which is yet to be fully executed or performed; that which remains to be carried into operation or effect; incomplete; depending upon a future performance or event. The opposite of executed. As to executory bequest executory… …   Black's law dictionary

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”