Legal Definitions - residuary devise

A residuary devise refers to a gift of any remaining real estate (such as land or buildings) specified in a will, after all other specific gifts of property (both real and personal) have been distributed and all debts, taxes, and estate expenses have been paid. It acts as a "catch-all" provision for real property that hasn't been specifically allocated elsewhere in the will.

• Scenario: A straightforward will with leftover property.

  Consider a will where an individual, Mr. Henderson, explicitly leaves his beachfront cottage to his daughter, Sarah, and his mountain cabin to his son, David. The will then states, "All the rest, residue, and remainder of my real property, wherever located, I give, devise, and bequeath to my niece, Emily." After Mr. Henderson's death, his estate settles all debts and distributes the cottage to Sarah and the cabin to David. If Mr. Henderson also owned a small undeveloped plot of land that was not mentioned specifically in the will, that plot of land would pass to Emily as the residuary devise.

  Explanation: Emily receives the undeveloped land because it is the "residue" of Mr. Henderson's real property – it wasn't specifically given to anyone else, and it falls under the general "all the rest" clause for real estate.

• Scenario: A specific gift of real estate fails.

  Imagine Ms. Chen's will states, "I devise my apartment building on Elm Street to my brother, Michael." It also includes a clause: "All the rest and remainder of my real property, I devise to my sister, Lisa." Years later, before her death, Ms. Chen sells the apartment building on Elm Street and uses the proceeds to buy a commercial storefront property. When Ms. Chen passes away, the specific devise of the apartment building to Michael fails because she no longer owns it. The commercial storefront property, which was acquired later and not specifically mentioned, would then pass to Lisa as part of the residuary devise.

  Explanation: Lisa receives the commercial storefront property because it represents the remaining real estate in Ms. Chen's estate after the specific gift to Michael could not be fulfilled (due to the sale of the apartment building). The residuary clause ensures that all real property not otherwise disposed of is still distributed according to the will.