Also known as:devolves · devolved · devolving · devolution · devolution of estate · transfer of powers
Written by attorneys · grounded in primary & secondary sources — see below
A transfer of rights, duties, powers, or status to another by operation of law or pursuant to the terms of an agreement.
Sources & Authorities
How it applies
Common Examples
6
House Chooses President After Electoral Tie
After the electors cast ballots resulting in a tie between two candidates, neither receives a majority. The matter reaches the House of Representatives for resolution under constitutional procedures. The right of selection passes to that body, allowing it to choose the President by state vote.
Membership Passes to Heir in LLC Derivative Suit
Liam held membership in CodeForge LLC when managing members diverted funds. After Liam's death, his sister Dana inherited the interest under his will and gained admission as a member per the operating agreement. Dana then brought a derivative action, satisfying the timing requirement because her status passed from a member at the time of the conduct.
Select any source to read its text and confirm it supports the definition.
Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Dictionaries
Partnership Interest Transfers via Bankruptcy
Luis held a partnership interest in Sierra Vista Resorts LP when controlling partners diverted fees. Upon Luis's bankruptcy filing, the interest transferred automatically to the trustee Martin under the partnership agreement. Martin, now a partner, filed a derivative action challenging the prior conduct because the status passed from a partner at the relevant time.
Custody Authority Shifts to Equity Courts
Parents disputed child custody after separation. The matter reached federal court, which declined jurisdiction because custody determinations historically passed to state equity and law courts rather than federal tribunals. The authority therefore remained with the state system equipped to handle such domestic relations issues.
Ankenbrandt v. Richards504 U.S. 689 (1992)
Burden of Proving Sanity Shifts to Prosecution
The defense introduced evidence creating a reasonable doubt about the defendant's sanity at the time of the offense. The trial court instructed the jury that the prosecution must then establish sanity beyond a reasonable doubt. The burden of persuasion therefore passed to the state once the defense met its initial threshold.
Davis v. United States160 U.S. 469, 16 S.Ct. 353, 40 L.Ed. 499 (1895)
Executive Duties Assigned to Legislative Office
Congress attempted to place certain executive functions directly on a legislative officer without an appointment by the executive branch. The Court held that such duties could not be assigned to that office because the power of appointment rests with the executive unless the duties instead pass to an executive appointee.
Buckley v. Valeo424 U.S. 1, 93 (1976)
Common questions
Frequently Asked
3
When does membership status devolve for purposes of LLC derivative standing?+
Membership status devolves when it passes by operation of law or under the operating agreement from a person who was a member at the time of the challenged conduct. This satisfies the proper-plaintiff rule even if the current plaintiff was not a member at that earlier time.
Supporting sources
Does inheritance of an LLC interest allow a new member to sue derivatively for prior misconduct?+
Yes. When an operating agreement admits the heir as a member after inheritance, the status devolves from the deceased member who held the interest at the time of the conduct, satisfying the timing requirement for derivative standing.
Supporting sources
Can a plaintiff who purchased an interest after the misconduct maintain a derivative action?+
No. A voluntary purchase does not constitute devolution by operation of law or under the operating agreement, so the plaintiff fails the requirement that status trace back to a member at the time of the conduct.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…of life. Similarly, unborn children have been recognized as acquiring rights or interests by way of inheritance or other devolution of property, and have been represented by guardians ad litem. [^maj-66] Perfection of the interests involved, again, has generally been contingent upon live birth. In short, the unborn…
Business Associations Corporations and LlcsShareholder and member litigation: direct, derivative, and class litigation · Shareholder and member litigation: direct, derivative, and class litigationUBEFoundational