Blacks Law Dict. 1st ed

DEVISAVIT VEL NON

363

DEUNX

DEUNX, pi. DEUNCES. Lat. In the Roman law. A division of the as, contain ing eleven unoice or duodecimal parts; the pro portion of eleven-twelfths. 2 Bl. Coram. 462, note. See As. Deus solus hseredem facere potest, non homo. God alone, and not man, can make an heir. Co. Litt. 7b; Broom. Max. 516. DEUTEROGAMY. The act, or condi tion, of one who marries a wife after the death of a former wife. DEVADIATUS, OP DIVADIATUS. An offender without sureties or pledges. Cowell. DEVASTATION. Wasteful use of the property of a deceased person, as for extrav agant funeral or other unnecessary ex penses. 2 Bl. Comm. 508. DEVASTAVERUNT. They have wast ed. A term applied in old English law to waste by executors and administrators, and to the process issued against them therefor. Cowell. See DBVASTAVIT. DEVASTAVIT. Lat. He has wasted. The act of an executor or administrator in wasting the goods of the deceased; misman agement of the estate by which a loss occurs; a breach of trust or misappropriation of as sets held in a fiduciary character; any viola tion or neglect of duty by an executor or ad ministrator, involving loss to the decedent's estate, which makes him personally respon sible to heirs, creditors, or legatees. Also, if plaintiff, in an action against an executor or administrator, has obtained judg ment, the usual execution runs de bonis tes tatoris; but, if the sheriff returns to such a writ nulla bona testatoris nee propria, the plaintiff may, forth with, upon this return, sue out an execution against the property or per son of the executor or administrator, in as full a manner as in an action against him, sued in his own right. Such a return is called a "devastavit." Brown. DEVENERUNT. A writ, now obsolete, directed to the king's escheators when any of the king's tenants in capite dies, and when his son and heir dies within age and in the king's custody, commanding the es cheat, or that by the oaths of twelve good and lawful men they shall inquire what lands or tenements by the death of the ten ant have come to the king. Dyer, 360; Termes de la Ley.

DEVEST. To deprive; to take away; to withdraw. Usually spoken of an authority, power, property, or title; as the estate is de vested. Devest is opposite to invest. As to in vest signifies to deliver the possession of anything to another, so to devest signifies to take it away. Jacob. It is sometimes written "divest" bat "de vest" has the support of the best authority. Burrill. DEVIATION. In insurance. Vary ing from the risks insured against, as de scribed in the policy, without necessity or just cause, after the risk has begun. 1 Phil. Ins. § 977, et seq.; 1 Am. Ins. 415, et seq. Any unnecessary or unexcused departure from the usual or general mode of carrying on the voyage insured. 15 Amer. Law Rev. 108. Deviation is a departure from the course of the voyage insured, or an unreasonable delay in pursuing the voyage, or the commence ment of an entirely different voyage. Civil Code Cal. § 2694. A deviation is a voluntary departure from or de lay in the usual and regular course of a voyage in sured, without necessity or reasonable cause. This discharges the insurer, from the time of the de viation. 9 Mass. 436. In contracts. A change made in the progress of a work from the original terms or design or method agreed upon. DEVICE. In a statute against gaming devices, this term is to be understood as meaning something formed by design, a con trivance, an invention. It is to be distin guished from "substitute," which means something put in the place of another thing, or used instead of something else. 59 Ala. 91. DEVIL ON THE NECK. An instru ment of torture, formerly used to extort con fessions, etc. It was made of several irons, which were fastened to the neck and legs, and wrenched together so as to break the back. Cowell. DEVISABLE. Capable of being devised. 1 Pow. Dev. 165; 2 Bl. Comm. 373. DEVISAVIT VEL NON. In practice. The name of an issue sent out of a court of chancery, or one which exercises chancery jurisdiction, to a court of law, to try the va lidity of a paper asserted and denied to be a will, to ascertain whether or not the testator did devise, or whether or not that paper was

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