Legal Definitions - Specific Devise

A Specific Devise refers to a gift made in a will where the person creating the will (the testator) designates a particular, identifiable item of real estate or personal property to a named beneficiary. The defining characteristic is that the property is distinct and can be precisely identified, rather than being a general amount or a share of a larger estate.

Here are some examples to illustrate this concept:

• Example 1: Family Home

  Imagine a woman named Eleanor who writes in her will, "I give my house located at 123 Oak Street, Anytown, to my granddaughter, Sarah."

  Explanation: This is a specific devise because Eleanor has clearly identified a particular piece of real estate (the house at 123 Oak Street) and designated a specific person (Sarah) to receive it. The property is not just "a house" or "some property," but a uniquely identifiable asset.

• Example 2: Unique Collectible

  Consider a renowned art collector, Mr. Davies, who states in his will, "I bequeath my 18th-century porcelain vase, known as 'The Azure Bloom,' to the City Museum of Fine Arts."

  Explanation: Here, "The Azure Bloom" vase is a specific, identifiable item of personal property. It's not just any vase, but a particular one with a unique description. The City Museum of Fine Arts is the specific beneficiary designated to receive this distinct item.

• Example 3: Specific Financial Asset

  Suppose a man named Robert includes in his will, "I leave my 500 shares of stock in 'Global Tech Innovations Inc.' to my nephew, Michael."

  Explanation: This constitutes a specific devise because Robert is not just leaving a general sum of money or a portion of his overall investments. Instead, he is identifying a specific quantity of shares in a particular company, which are then given to a specific individual (Michael).