| slovo | definícia |
devise
(mass) | devise
- navrhnúť, vymyslieť |
devise
(encz) | devise,navrhnout v: Zdeněk Brož |
devise
(encz) | devise,odkázat v: Zdeněk Brož |
devise
(encz) | devise,vymyslet v: Zdeněk Brož |
devise
(encz) | devise,vymyslit v: Zdeněk Brož |
devise
(encz) | devise,vynalézt Zdeněk Brož |
Devise
(gcide) | Devise \De*vise"\, n. [OF. devise division, deliberation, wish,
will, testament. See Device.]
1. The act of giving or disposing of real estate by will; --
sometimes improperly applied to a bequest of personal
estate.
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2. A will or testament, conveying real estate; the clause of
a will making a gift of real property.
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Fines upon devises were still exacted. --Bancroft.
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3. Property devised, or given by will.
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Devise
(gcide) | Devise \De*vise"\, v. t. [imp. & p. p. Devised; p. pr. & vb.
n. Devising.] [OF. deviser to distribute, regulate, direct,
relate, F., to chat, fr. L. divisus divided, distributed, p.
p. of dividere. See Divide, and cf. Device.]
1. To form in the mind by new combinations of ideas, new
applications of principles, or new arrangement of parts;
to formulate by thought; to contrive; to excogitate; to
invent; to plan; to scheme; as, to devise an engine, a new
mode of writing, a plan of defense, or an argument.
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To devise curious works. --Ex. CCTV.
32.
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Devising schemes to realize his ambitious views.
--Bancroft.
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2. To plan or scheme for; to purpose to obtain.
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For wisdom is most riches; fools therefore
They are which fortunes do by vows devise.
--Spenser.
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3. To say; to relate; to describe. [Obs.] --Chaucer.
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4. To imagine; to guess. [Obs.] --Spenser.
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5. (Law) To give by will; -- used of real estate; formerly,
also, of chattels.
Syn: To bequeath; invent; discover; contrive; excogitate;
imagine; plan; scheme. See Bequeath.
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Devise
(gcide) | Devise \De*vise"\, n.
Device. See Device. [Obs.]
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Devise
(gcide) | Devise \De*vise"\, v. i.
To form a scheme; to lay a plan; to contrive; to consider.
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I thought, devised, and Pallas heard my prayer. --Pope.
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Note: Devise was formerly followed by of; as, let us devise
of ease. --Spenser.
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devise
(wn) | devise
n 1: a will disposing of real property
2: (law) a gift of real property by will
v 1: come up with (an idea, plan, explanation, theory, or
principle) after a mental effort; "excogitate a way to
measure the speed of light" [syn: invent, contrive,
devise, excogitate, formulate, forge]
2: arrange by systematic planning and united effort; "machinate
a plot"; "organize a strike"; "devise a plan to take over the
director's office" [syn: organize, organise, prepare,
devise, get up, machinate]
3: give by will, especially real property |
DEVISE
(bouvier) | DEVISEE. A person to whom a devise has been made.
2. All persons who are in rerum natura, and even embryos, may be
devisees, unless excepted by some positive law. In general, he who can
acquire property by his labor and industry, may receive a devise. C. & N.
353.
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| | podobné slovo | definícia |
devise
(mass) | devise
- navrhnúť, vymyslieť |
devise
(encz) | devise,navrhnout v: Zdeněk Broždevise,odkázat v: Zdeněk Broždevise,vymyslet v: Zdeněk Broždevise,vymyslit v: Zdeněk Broždevise,vynalézt Zdeněk Brož |
devised
(encz) | devised,navržený adj: Zdeněk Broždevised,sestrojený adj: Zdeněk Broždevised,vymyšlený adj: Zdeněk Broždevised,vynalezený adj: Zdeněk Brož |
devisee
(encz) | devisee, n: |
deviser
(encz) | deviser,strůjce Zdeněk Broždeviser,vynálezce Zdeněk Brož |
Devise
(gcide) | Devise \De*vise"\, n. [OF. devise division, deliberation, wish,
will, testament. See Device.]
1. The act of giving or disposing of real estate by will; --
sometimes improperly applied to a bequest of personal
estate.
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2. A will or testament, conveying real estate; the clause of
a will making a gift of real property.
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Fines upon devises were still exacted. --Bancroft.
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3. Property devised, or given by will.
[1913 Webster]Devise \De*vise"\, v. t. [imp. & p. p. Devised; p. pr. & vb.
n. Devising.] [OF. deviser to distribute, regulate, direct,
relate, F., to chat, fr. L. divisus divided, distributed, p.
p. of dividere. See Divide, and cf. Device.]
1. To form in the mind by new combinations of ideas, new
applications of principles, or new arrangement of parts;
to formulate by thought; to contrive; to excogitate; to
invent; to plan; to scheme; as, to devise an engine, a new
mode of writing, a plan of defense, or an argument.
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To devise curious works. --Ex. CCTV.
32.
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Devising schemes to realize his ambitious views.
--Bancroft.
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2. To plan or scheme for; to purpose to obtain.
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For wisdom is most riches; fools therefore
They are which fortunes do by vows devise.
--Spenser.
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3. To say; to relate; to describe. [Obs.] --Chaucer.
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4. To imagine; to guess. [Obs.] --Spenser.
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5. (Law) To give by will; -- used of real estate; formerly,
also, of chattels.
Syn: To bequeath; invent; discover; contrive; excogitate;
imagine; plan; scheme. See Bequeath.
[1913 Webster]Devise \De*vise"\, n.
Device. See Device. [Obs.]
[1913 Webster]Devise \De*vise"\, v. i.
To form a scheme; to lay a plan; to contrive; to consider.
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I thought, devised, and Pallas heard my prayer. --Pope.
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Note: Devise was formerly followed by of; as, let us devise
of ease. --Spenser.
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Devised
(gcide) | Devise \De*vise"\, v. t. [imp. & p. p. Devised; p. pr. & vb.
n. Devising.] [OF. deviser to distribute, regulate, direct,
relate, F., to chat, fr. L. divisus divided, distributed, p.
p. of dividere. See Divide, and cf. Device.]
1. To form in the mind by new combinations of ideas, new
applications of principles, or new arrangement of parts;
to formulate by thought; to contrive; to excogitate; to
invent; to plan; to scheme; as, to devise an engine, a new
mode of writing, a plan of defense, or an argument.
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To devise curious works. --Ex. CCTV.
32.
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Devising schemes to realize his ambitious views.
--Bancroft.
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2. To plan or scheme for; to purpose to obtain.
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For wisdom is most riches; fools therefore
They are which fortunes do by vows devise.
--Spenser.
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3. To say; to relate; to describe. [Obs.] --Chaucer.
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4. To imagine; to guess. [Obs.] --Spenser.
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5. (Law) To give by will; -- used of real estate; formerly,
also, of chattels.
Syn: To bequeath; invent; discover; contrive; excogitate;
imagine; plan; scheme. See Bequeath.
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Devisee
(gcide) | Devisee \Dev`i*see"\, n. (Law)
One to whom a devise is made, or real estate given by will.
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Deviser
(gcide) | Deviser \De*vis"er\, n.
One who devises.
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Lapsed devise
(gcide) | Lapsed \Lapsed\, a.
1. Having slipped downward, backward, or away; having lost
position, privilege, etc., by neglect; -- restricted to
figurative uses.
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Once more I will renew
His lapsed powers, though forfeit. --Milton.
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2. Ineffectual, void, or forfeited; as, a lapsed policy of
insurance; a lapsed legacy.
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Lapsed devise, Lapsed legacy (Law), a devise, or legacy,
which fails to take effect in consequence of the death of
the devisee, or legatee, before that of the testator, or
for other cause. --Wharton (Law Dict.).
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Point-devise
(gcide) | Point-device \Point`-de*vice"\, Point-devise \Point`-de*vise"\,
a. [OE. at point devis; at at + point point, condition +
devis exact, careful, OF. devis fixed, set. See Device.]
Uncommonly nice and exact; precise; particular.
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You are rather point-devise in your accouterments.
--Shak.
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Thus he grew up, in logic point-devise,
Perfect in grammar, and in rhetoric nice. --Longfellow.
[1913 Webster] Point-devicePoint-device \Point`-de*vice"\, Point-devise \Point`-de*vise"\,
adv.
Exactly. [Obs.] --Shak.
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Residuary devise
(gcide) | Residuary \Re*sid"u*a*ry\ (-?-r?), a. [See Residue.]
Consisting of residue; as, residuary matter; pertaining to
the residue, or part remaining; as, the residuary advantage
of an estate. --Ayliffe.
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Residuary clause (Law), that part of the testator's will in
which the residue of his estate is disposed of.
Residuary devise (Law), the person to whom the residue of
real estate is devised by a will.
Residuary legatee (Law), the person to whom the residue of
personal estate is bequeathed.
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Self-devised
(gcide) | Self-devised \Self`-de*vised"\, a.
Devised by one's self.
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Undevised
(gcide) | Undevised \Undevised\
See devised. |
devise
(wn) | devise
n 1: a will disposing of real property
2: (law) a gift of real property by will
v 1: come up with (an idea, plan, explanation, theory, or
principle) after a mental effort; "excogitate a way to
measure the speed of light" [syn: invent, contrive,
devise, excogitate, formulate, forge]
2: arrange by systematic planning and united effort; "machinate
a plot"; "organize a strike"; "devise a plan to take over the
director's office" [syn: organize, organise, prepare,
devise, get up, machinate]
3: give by will, especially real property |
devisee
(wn) | devisee
n 1: someone to whom property (especially realty) is devised by
will |
deviser
(wn) | deviser
n 1: a person who makes plans [syn: planner, contriver,
deviser] |
ELECTION OF A DEVISE OR LEGACY
(bouvier) | ELECTION OF A DEVISE OR LEGACY. It is an admitted principle, that a person
shall not be permitted to claim under any instrument, whether it be a deed
or a will, without giving full effect to it in every respect, so far as such
person is concerned. When a testator, therefore, gives what belongs to
another and not to him, and gives to the owner some estate of his own; this
gift is under an implied condition, either that he shall part with his own
estate, or not take the bounty. 9 Ves. 615; 10 Ves. 609; 13 Ves. 220; 2 Ves.
697; 1 Suppl. to Ves. jr. 222; Id. 55; Id. 340. If, for example, a testator
undertakes to dispose of an estate belonging to B, and devise to B other
lands, or bequeath to him a legacy by the same will, B will not be permitted
to keep his own estate, and enjoy at the same time the benefit of the devise
or bequest made in his favor, but must elect whether he will part with his
own estate, and accept the provisions in the will, or continue in possession
of the former and reject the latter. See 2 Vern. 5.81; Forr. 176; 1 Swanst.
436, 447 1 Rro. C. C. 480; 2 Rawle, 168; 17 S. & R. 16 2 Gill, R. 182, 201;
1 Dev. Eq. R. 283; 3 Desaus. 346; 6 John. Ch. R. 33; Riley, Ch. R. 205; 1
Whart. 490; 5 Dana, 345; White's L. C. in Eq. *233.
2. The foundation of the equitable doctrine of election, is the
intention, explicit or presumed, of the author of the instrument to which it
is applied, and such is the, import of the expression by which it is
described as proceeding, sometimes on a tacit, implied, or constructive
condition, sometimes on equity. See Cas. temp. Talb. 183; 2 Vern. 582; 2
Ves. 14; 1 Eden, R. 536; 1 Ves. 306. See, generally, 1 Swan. 380 to 408,
414, 425, 432, several very full notes.
3. As to what acts of acceptance or acquiescence will constitute an
implied election, see 1 Swan. R. 381, n. a; and the cases there cited.
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EXECUTORY DEVISE
(bouvier) | EXECUTORY DEVISE, estates. An executory devise is a limitation by will of a
future contingent interest in lands, contrary to the rules of limitation of
contingent estate is in conveyances at law. When the limitation by will does
not depart from those rules prescribed for the government of contingent
remainders, it is, in that case, a contingent remainder, and not an
executory devise. 4 Kent, Com. 257; 1 Eden's R. 27; 8 T. R. 763.
2. An executory devise differs from a contingent remainder, in three
material points. 1. It needs no particular estate to precede and support it;
for example, a devise to A B, upon his marriage. 2. A fee may be limited
after a fee, as in the case of a devise of land to C D, in fee, and if he
dies without issue, or before the age of twenty-one, then to E F, in fee. 3.
A term for years may be limited over after a life estate created in the
same. 2 Bl. Com. 172, 173.
3. To prevent perpetuities, a rule has been adopted that the
contingency must happen during the time of a life or lives in being and
twenty-one years after, and the months allowed for gestation in order to
reach beyond the minority of a person not in esse at the time of making the
executory devise. 3 P. Wms. 258; 7 T. R. 100; 2 Bl. Com. 174; 7 Cranch, 456;
1 Gilm. 194; 2 Hayw. 375.
4. There are several kinds of executory devises; two relative to real
estate, and one in relation to personal estate.
5.-1. When the devisor parts with his whole estate, but upon some
contingency, qualifies the disposition of it, and limits an estate on that
contingency. For example, when the testator devises to Peter for life,
remainder to Paul, in fee, provided that if James should within three months
after the death of Peter pay one hundred dollars to Paul, then to James in
fee; this is an executory devise to James, and if he dies during the life of
Peter, his heir may perform the condition. 10 Mod. 419; Prec. in Ch. 486; 2
Binn. 532; 5 Binn. 252; 7 Cranch, 456; 6 Munf. 187; 1 Desaus. 137, 183; 4
Id. 340, 459; 5 Day, 517.
6.-2. When the testator gives a future interest to arise upon a
contingency, but does not part with the fee in the meantime; as in the case
of a devise of the estate to the heirs of John after the death of John; or a
devise to John in fee, to take effect six months after the testator's death;
or a devise to the daughter of John, who shall marry Robert within fifteen,
years. T. Raym. 82; 1 Salk. 226; 1 Lutw. 798.
7.-3. The executory bequest of a chattel interest is good, even
though the ulterior legatee be not at the time in esse, and chattels so
limited are protected from the demands of creditors beyond the life of the
first taker, who cannot pledge them, nor dispose of them beyond his own life
interest in them. 2 Kent, Com. 285; 2 Serg. & Rawle, 59; l Desaus 271; 4
Desaus.340; 1 Bay, 78. But such a bequest, after an indefinite failure of
issue, is bad. See 2 Serg. & R. 62; Watk. Prin. Con. 112, 116; Harg. note, 1
Tho. Co. Litt. 595-6, 515-16. Vide, Com. Dig. Estates by Devise., N 16;
Fearne on Rem. 381; Cruise's Dig. Index, h.t.; 4 Kent, Com. 357 to 381; 2
Hill. Ab. c. 43, p. 533.
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