Cabin Remains in Estate
Solomon Silver's will specifically devises his lakeside cabin to Stella Shapiro. At his death the cabin stands unchanged in the estate. Stella receives the cabin itself under the specific devise.
Also known as: specific devise · specific legacy · specific bequest
Written by attorneys · grounded in primary & secondary sources — see below
A testamentary gift of identified property that passes to the named beneficiary if the property remains in the estate at death. The beneficiary receives any unpaid proceeds from a sale, condemnation, or insurance recovery when the original asset is absent. The gift fails only when failure would contradict the testator's intent.
Solomon Silver's will specifically devises his lakeside cabin to Stella Shapiro. At his death the cabin stands unchanged in the estate. Stella receives the cabin itself under the specific devise.
Sydney Santos's will specifically devises her residence to Sean Steele. A mortgage recorded before death remains unpaid. Sean takes the house subject to the mortgage with no right to exoneration from estate funds.
Sabrina Shah writes a letter shortly before death directing that her Montana cabin go to Serena Soto. The letter expresses present intent to transfer the specific property at death. Serena receives the cabin as the intended specific devisee.
Select any source to read its text and confirm it supports the definition.
Under the identity theory the devise fails if the exact property is absent at death. The intent theory preserves the devise when failure would contradict the testator's plan even if the asset is gone.
No. The specific devise passes subject to any mortgage existing at death without exoneration regardless of a general directive to pay debts.
The devisee receives any unpaid balance of the purchase price or security interest remaining at death.
An insubstantial change such as moving the asset or switching banks preserves the devise. A sale converting the asset to cash defeats it absent contrary intent.
…for a valid holographic will. Kuralt I , ¶ 3. Moreover, the letter was a codicil as a matter of law because it made a specific bequest of the Montana property and did not purport to bequeath the entirety of the estate. See Official Comments to § 72-2-527, MCA ("when the second will does not make a complete disposition of…