Legal Definitions - general devise

A general devise refers to a gift made in a will that is paid from the overall assets of the deceased person's estate, rather than from a specific, identifiable item of property. It typically involves a sum of money or a quantity of fungible goods, meaning items that are interchangeable and not unique. The executor of the estate has the discretion to fulfill this gift using any available funds or general assets, as long as the specified amount or quantity is provided.

• Example 1: A will states, "I leave one hundred thousand dollars to my niece, Sarah."

  This is a general devise because it specifies a monetary amount without dictating which particular funds or assets should be used to pay it. The executor can draw this $100,000 from any cash accounts, investment portfolios, or even by selling other general assets belonging to the estate, as long as Sarah receives the specified sum.

• Example 2: A will specifies, "My friend, David, shall receive 50 shares of stock in Tech Innovations Inc."

  This constitutes a general devise because shares of a publicly traded company are considered fungible (interchangeable). The will doesn't identify specific share certificates or a particular brokerage account. The executor can provide any 50 shares of Tech Innovations Inc. stock from the estate's holdings, or if necessary, purchase them to fulfill the gift, as long as David receives the correct quantity of shares.

• Example 3: A will includes a clause, "I bequeath five thousand dollars to the local animal shelter."

  This is another instance of a general devise. It's a cash gift to a charitable organization, and the will does not stipulate that this money must come from a specific bank account or a particular investment. The executor will simply pay this amount from the general pool of funds available within the estate, exercising flexibility in the source of the payment.