Legal Definition and Related Resources of Devastavit

Mismanagement or misappropriation of the estate of a deceased person resulting in loss to such estate. May consist in the negligent loss of the assets of an estate by the executor or administrator or in an application of assets in the executor’s hands contrary to law. A violation of duty rendering executor or administrator personally liable for the loss to the estate. In Re Oster- houldt’s Estate, 38 N.Y.S. 179, 15 Misc. 566.

A mismanagement and waste by an executor, administrator, or other trustee, of the estate and effects trusted to him as such, by which a loss occurs. Devastavit may be:
(1) By direct abuse, as when the executor, administrator, or trustee sells, embezzles, or converts to his own use the goods intrusted to him (Comyn, Dig. “Administration” [I 1]), releases a claim due to the estate (8 Bac Abr. 700; Hob. 266; Cro. Eliz. 43; 7 Johns. [N. Y.] 404; 9 Mass. 852), or surrenders a lease below its value
(2 Johns. Cas. [N. Y.] 376; S P. Wms. 330).
(2) By maladministration, as by the payment of claims which were not due nor owing, or by paying others out of the order in which they ought to be paid, or by the payment of legacies before all the debts are satisfied. 4 Serg. & R. (Pa.) 394; 5 Rawle (Pa.) 266.
(3) By neglect, as by neglect to sell the goods at a fair price within a reasonable time, or, if they are perishable goods, before they are wasted; or a neglect to collect a doubtful debt which, by proper exertion, might have been collected. Bac. Abr. “Executors” (L).

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Devastavit in Historical Law

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

Vocabularies (Semantic Web Information)

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English Legal System: Devastavit

In the context of the English law, A Dictionary of Law provides the following legal concept of Devastavit :

(Latin: he has wasted)

The failure of a personal representative to administer a deceased person’s estate promptly and in a proper manner. For example, if he pays in full a legacy subject to the possibility of *abatement he is personally liable for the loss suffered by other beneficiaries and caused by his devastavit. He may also be liable if, for example, he disposes of an asset in the estate at an undervalue, even if acting in good faith.