Legal Definition and Related Resources of Executory Devise

A gift of anything, usually land, by will, which gift is not to take place upon the death of the testator but only upon the happening of some specified event . A future estate to arise from some specified contingency, and it needs no particular estate to support it, and it does not wait for the determination of any prior estate or freehold , but comes into existence on the happening of the condition or event on which it is limited, and takes effect in abridgement or derogation of the prior estate. See De Wolf v Middleton. 31 A. 271, 18 R.I. 810.

A limitation by will of a future estate in lands or chattels. 38 Pa. St. 294. A devise of an estate to take effect upon some contingency subsequent to the testator’s death. As to chattels, it is more properly called an “executory bequest.” It differs from a remainder, in that it needs no particular estate to support it. See 6 Wall. (U. S.) 475.

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Executory Devise in Historical Law

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This definition of Executory Devise is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

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Executory Devise