A transfer of real property by virtue of the provisions in a will. Contrast with descent, which is a transfer by virtue of statutory provisions controlling ownership of real estate when one dies without a will.
(185) For a court to give effect to such a memorandum, the memorandum must be expressly referenced in the will, in the handwriting of the testator or signed by the testator, and "describe the items and the devisees with reasonable certainty." (186) The memorandum need not be in existence at the time of will execution.
An heir or devisee of a residential property cannot transfer it for commercial purposes without authorization from the State and, in the case of an allocated land use right, the assessment of a fee for converting the allocated land use right to a transferable granted land use right.
394, 406 (1897) (The Court noted that the privilege would survive the testator in a claim by a third party, but not between devisees, where none could rightfully claim a privilege to the exclusion of the others).
Similarly, whatever the technicalities of concept and terminology, the interests the revocable-trust beneficiaries will receive on the death of the settlor should, generally at least, receive the same treatment and should be subject to the same rules of construction as the 'expectancies' of devisees. (15)