DEVISE, vii, a gift of real property by a person's last will and testament. The term de vise technically and properly only applies to real estate; the object of the devise must therefore be that kind of property. The word, however, is sometimes improperly applied to a bequest or legacy. In regard to a lapsed devise, where the devisee dies during the life of the testator, al though there may be a residuary devisee, the estate will go to the heir. But if the devise be void, as where the devisee is dead at the date of the will, or is made upon a condition pre cedent which never happens, the estate will go to the residuary devisee, if the language is suf ficiently comprehensive (4 Kent Corn., 541, 542, and cases cited in notes). But some of the cases hold in that case, even, the estate goes to the heir (4 Ired. Eq., N. C., 320; 6 Conn., 292). In England a residuary bequest operates upon all the personal estate which the testator is pos sessed of at the time of his death, and will include such as would have gone to pay specific legacies which lapse or are void. A general de vise of lands will pass a reversion in fee, even though the testator had other lands which will satisfy the words of the devise, and although it be very improbable that he had such reversion in mind. A general devise will pass leases for years, if the testator have no other real estate upon which the will may operate; but if he have both lands in fee and lands for years, a devise of all his lands and tenements will commonly pass only the lands in fee simple. But if a con
trary intention appear from the will, it will pre vail. A devise in a will can never be regarded as the execution of a power, unless that inten tion is dear, as where otherwise the will would have nothing on which it could operate. But to have that operation the devise need not nec essarily refer to the power in express terms. But where there is an interest on which it can operate, it shall be referred to that, unless some other intention is obvious. The devise of all one's lands will not generally carry the interest of a mortgagee in premises, unless that intent is apparent. Devises are contingent or vested after the death of the testator; contingent, when the vesting of any estate in the devisee is made to depend upon some future event, in which case if the event never occur, or until it does occur, no estate vests under the devise. But when the future event is referred to merely to determine the time at which the devisee shall come into the use of the estate, this does not hinder the vesting of the estate at the death of the testator.