Legal Definitions - first devisee

A first devisee is the initial person named in a will to receive a specific piece of real estate, such as land or a building. This term emphasizes their primary position as the intended recipient of the property, particularly when the will outlines alternative recipients or conditions under which the property might pass to someone else if the first devisee cannot or does not accept the gift.

Here are some examples illustrating the concept of a first devisee:

• Example 1: Direct Inheritance

  Sarah's will states, "I give and devise my house located at 123 Oak Street to my daughter, Emily." In this scenario, Emily is the first devisee because she is the primary and direct recipient of the house as specified in Sarah's will. There are no immediate conditions or alternative recipients mentioned for this specific property.

• Example 2: Conditional Inheritance with an Alternative

  Mr. Henderson's will includes a clause that reads, "I devise my family farm, 'Green Acres,' to my nephew, David. However, if David predeceases me, then the farm shall pass to my niece, Laura." Here, David is the first devisee for Green Acres. He is the initial intended recipient. Laura would only become the devisee if the condition (David's death before Mr. Henderson) is met, making David the primary beneficiary in the will's initial instruction.

• Example 3: Specific Property Designation

  The will of Ms. Chen specifies, "I give and devise my vacation cabin in the mountains to my friend, Mark. All other real estate I own shall be sold, and the proceeds distributed among my other beneficiaries." For the specific property of the mountain cabin, Mark is the first devisee. He is the designated individual to receive that particular piece of real estate, distinguishing him as the primary recipient of that asset from other beneficiaries who might receive different assets or monetary distributions.