A testamentary disposition of land or realty; a gift of real property by thelast will and testament of the donor. Scholle v. Scholle, 113 N. Y. 201, 21 N. E. 84;Fere- bee v. Procter, 19 N. C. 410; Pratt v. Mc- Ghee, 17 S. C. 428; Iu re Fetrow’sEstate, 58 Pa. 427; Jenkins v. Tobin, 31 Ark. 300; In re Dailey’s Estate, 43 Misc. Rep.552, 89 N. Y. Supp. 541.Synonyms. The term “devise” is properly restricted to real property, and is notapplicable to testamentary dispositions of personal property, which are properly called”bequests” or “legacies.” But this distinction will not be allowed in law- to defeat thepurpose of a testator; and all of these terms may be construed interchangeably orapplied indifferently to either real or personal property, if the context shows that suchwas the intention of the testator. T.ado v. Harvey. 21 N. II. 528; Borgner v. Brown, 133Ind. 391, 33 N. E. 92; Oothout v. Rogers, 59 Hun, 97, 13 N. Y. Supp. 120; MeCorkle v.Sherrill, 41 N. C. 170.Classification. Devises are contingent or vested; that is, after the death of thetestator. Contingent, when the vesting of any estate in the devisee is made to dependupon some future svent, in which case, if the event never occur, or until it does occur,no estate vests under the devise. But, when the future event is referred to merely todetermine the time at which the devisee shall come into the use of the estate, this doesnot hinder the vesting of the estate at the death of the testator. 1 Jarm. Wills. 20.Devises are also classed as general or */n – cific. A general devise is one which passeslands of the testator without a particular enumeration or description of them ; as, adevise of “all my lands” or “all my other lands.” In a more restricted sense, a generaldevise is one which grants a parcel of land without the addition of any words to showhow great an estate is meant to be given, or without words indicating either a grant inperpetuity or a grant for a limited term; in this case it is construed as granting a lifeestate. Hitch v. Patten. S Houst. (Del.) 334, 16 Atl. 558, 2 L. R. A. 724. Specific devisesare devises of lands particularly specified in the terms of the devise, as opposed togeneral and residuary devises of land, in which the local or other particular descriptionsare not expressed. For example, “I devise my Hendon Hall estate” is a specific devise :but “I devise all my lands,” or, “all other my lands,” is a general devise or a residuarydevise. But all devises are (in effect) specific, even residuary devises being so. L. R. 3Ch. 420; Id. lSt>. A conditional devise is one which depends upon the occurrence ofsome uncertain event, by which it is either to take effect or be defeated. Civ. Code Cal.

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