Devisor

Devisor

In the Past

A testator; one, who devises his real estate.

Developments

As a general rule all people who. may sell an estate may devise it. The disabilities of devisors may be classed, in three divisions. 1. Infancy. In some of the United States of America this disability is partly removed; in Illinois (see more about this State laws here) , Maryland (see more about this State laws here) , Mississippi (see more about this State laws here) and Ohio (see more about this State laws here) , an unmarried woman at the age of eighteen years may devise. 2. Coverture. In general, a married woman cannot devise; but in. Connecticut (see more about this State laws here) and Ohio (see more about this State laws here) she may devise her lands; and in Illinois (see more about this State laws here) , her separate estate. In Louisiana (see more about this State laws here) , she may devise without the consent of her hushand. Code, art. 132. 3. Idiocy and non sane memory. It is evident that a person non compos can make no devise, because he has no will.

Details

The removal of the disability which existed at the time of the devise does, not, of itself, make it valid. For example, when the hushand dies and the wife becomes a feme sole; when one non compos is restored to his sense; and when an infant becomes of age; these several acts do not make a will good, which at its making was void. 11 Mod. 123, 157; 2 Vern. 475; Comb, 84; 4 Rawle, R. 3.36. Vide. Testament or ill. [1]

Resources

Notes and References

1. Partialy, this information about devisor is based on the Bouvier's Law Dictionary, 1848 edition. There is a list of terms of the Bouvier's Law Dictionary, including devisor.

See Also