Written by attorneys · grounded in primary & secondary sources — see below
A person designated in a will to receive real or personal property by devise. The term encompasses both specific and residuary takers and extends to class members or appointees under powers of appointment when the will so provides.
Diane Dawson's will left her ranch to her nephew Derek Douglas. Before her death Diane gave Derek $200,000 and signed a writing stating the money was to be deducted from the devise. The probate court treats the cash transfer as a partial satisfaction, so Derek receives the ranch minus the $200,000 credit.
Daphne Doyle's will devised her office building to her daughter Destiny Davis. The building was encumbered by a recorded mortgage that Daphne had granted during life. After Daphne's death the mortgagee foreclosed and the purchaser took title free of Destiny's interest because the devisee received the property subject to the lien.
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Daniel Diaz's will left his estate to his caregiver. The caregiver prevented Daniel from executing a new will favoring his sister by fraud. A court imposed a constructive trust requiring the caregiver to hold the property for the sister, the intended devisee.
David Dawson's will devised his house to his friend but orally directed the friend to hold it for a charity. The friend took legal title yet a court enforced the oral trust against the devisee because the friend had accepted the property on those terms.
Derek Douglas's will devised land to a friend on condition that the friend never develop it. The court invalidated the condition as contrary to public policy and allowed the devisee to take the land free of the restriction.
Destiny Davis killed her uncle and was convicted of voluntary manslaughter. The uncle's will had devised property to her. The court imposed a constructive trust so the property passed as though Destiny had predeceased the testator.
Yes. Under the modern rule the devisee receives the property subject to any recorded lien unless the will expressly directs exoneration from estate assets.
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The slayer is treated as having predeceased the testator and cannot take under the will. Courts impose a constructive trust to prevent the killer from profiting from the crime.
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Only when the will provides for deduction, the testator declares in a contemporaneous writing that the gift satisfies the devise, or the devisee acknowledges the satisfaction in writing.
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Yes. Equity imposes a constructive trust on the devisee when fraud, duress, or undue influence prevents the testator from revoking the existing will or making a new one.
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The term includes class members, individuals who predecease the testator, and appointees under a power of appointment exercised by the will.
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…cases it has been held that such trusts may be enforced against the heirs or next of kin of the testator, as well as against the devisee. Shadwell, V. C., in Podmore v. Gunning , 5 Sim. 485, and 7 Sim. 644. Chatterton, V. C., in Riordan v. Banon , Ir. R. 10 Eq. 469. Hall, V. C., in Fleetwood's case , 15 Ch. D. 594. But…