Written by attorneys · grounded in primary & secondary sources — see below
A testamentary disposition usually of a specified amount of money or quantity of property that is payable from the general assets of the estate. Classification as a general devise determines the order of abatement and whether the gift survives changes in the estate assets.
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How it applies
Common Examples
2
Pecuniary Gift From General Assets
Gideon Graves's will left $250,000 to his niece Georgia Gibbs. At death the estate held cash and securities but no designated fund for the gift. The personal representative paid the sum from the general assets because the devise was general rather than tied to a specific item.
Quantity Gift Survives Asset Changes
Glenn Gross's will directed delivery of 500 ounces of gold bullion to his friend Gerald Gibson. The estate held no gold at death. The executor purchased the bullion from general estate funds to satisfy the general devise.
Put it into practice
Test Yourself
10
Practice Questions5
Hornbooks
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Amory v. Meredith89 Mass. (7 Allen) 397 (1863)
Common questions
Frequently Asked
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How does a general devise differ from a specific devise in abatement?+
A general devise abates before a specific devise when estate assets are insufficient. The Restatement places general devises third in the abatement order after intestate shares and residuary devises.
Supporting sources
Does a general devise of stock carry post-death stock splits?+
No. General devises of securities do not carry post-death stock splits or dividends. They bear interest if unpaid after a set period instead.
Supporting sources
What happens if the estate lacks the exact quantity stated in a general devise?+
The personal representative may purchase the missing quantity from general assets to fulfill the gift.
Supporting sources
Trusts and Estates Decedents EstatesWills · Construction problemsUBEFoundational