Legal Definitions - executory devise

An executory devise is a gift of real property (such as land or buildings) made in a will that does not take effect immediately upon the death of the person who made the will (the testator). Instead, it is a future interest that becomes effective only when a specific condition or event occurs. This type of devise allows a testator to control the future ownership of their real property based on particular circumstances. It can either "cut short" an earlier gift of property or "spring up" to create a new ownership interest in the future, without needing a preceding estate to terminate naturally.

Here are a few examples to illustrate an executory devise:

• Example 1 (Shifting Interest): A will states: "I give my mountain cabin to my nephew, David. However, if David ever uses the cabin for commercial rental purposes, then the cabin shall immediately pass to my local wildlife conservation trust."

  Explanation: David initially receives ownership of the cabin. But his ownership is subject to a condition. If he violates that condition (using it for commercial rentals), his ownership is automatically terminated, and the wildlife conservation trust's interest "shifts" into effect, taking ownership. This future interest for the trust, contingent on David's actions, is an executory devise.

• Example 2 (Springing Interest): A will states: "I leave my vineyard property to my granddaughter, Sophia, but only when she turns 30 years old."

  Explanation: Sophia does not inherit the vineyard immediately upon the testator's death. Her ownership is contingent on a specific future event: reaching her 30th birthday. Until then, the property might be managed by the estate or a trustee. Once she turns 30, her ownership interest "springs" into existence, making it an executory devise.

• Example 3 (Conditional Termination): A will states: "I leave my art collection to my daughter, Lisa. But if Lisa ever sells more than half of the collection, then the entire collection shall pass to the city museum."

  Explanation: Lisa initially owns the art collection. However, her ownership is subject to a condition. If she sells more than half, her ownership is cut short, and the city museum's interest "shifts" into effect, taking possession of the entire collection. This contingent future interest for the museum is an executory devise.