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 1. Devise -- Gift of real property.  2. Bequest -- Gift of personal property.

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Presentation on theme: " 1. Devise -- Gift of real property.  2. Bequest -- Gift of personal property."— Presentation transcript:

1

2  1. Devise -- Gift of real property.

3  2. Bequest -- Gift of personal property.

4  Specific devise or bequest  Ascertainable at time of will execution.  “I leave my 1974 AMC Gremlin to X.”

5  Specific devise/bequest of a general nature  Not ascertainable until time of death.  “I leave my car to X.”

6  3. General gift – not sufficiently described to be specific  Example = Legacy (gift of money)

7  4. Demonstrative gift  Gift of money payable out of designated fund.  “I leave $1,000 from my savings account at Frost Bank to X.”

8  4. Residuary Gift  “Forgotten” items or  Main gift

9  1. Private (non-charitable)

10  2. Charitable  Relief of poverty  Advancement of education  Advancement of religion  Promotion of health  Governmental or municipal purposes

11  “[W]hen classifying bequests in a will, we must consider the testator’s intent by looking at the entire dispositive scheme rather than reaching an arbitrary determination based on ritualistic classification.”


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