Blacks Law Dict. 1st ed

364

DICAST

DEVISE

his will. 7 Brown, Parl. Cas. 437; 2 Atk. 424; 5 Pa. St. 21. DEVISE. A gift of real property by will. Devise properly relates to the disposal of real property, not of personal. 21 Barb. 551, 561. Devise is properly applied to gifts of real prop erty by will, but may be extended to embrace per sonal property, to execute the intention of the tes tator. 6 Ired. Eq. 173. The words "devise," "legacy," and "bequest" may be applied indifferently to real or personal property, if such appears by the context of a will to have been the testator's intention. 21 N. H. 514. Devises are contingent or vested; that is, after the death of the testator. Contingent, when the vesting of any estate in the devisee Js 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 re ferred 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. 1 Jarm. Wills, c. 26. An executory devise of lands is such a dispo sition of them by will that thereby no estate vests at the death of the devisor, but only on some future contingency. It differs from a remainder in three very material points: (1) That it needs not any paitieular estate to sup port it; (2) that by it a tee-simple or other less estate may be limited atter a fee-simple; (3) that by this means a remainder may be limited of a chattel interest, after a paitieu lar estate for life created in the same. 2 Bl. Coinm. 172. DEVISEE. The person to whom lands or other real property are devised or given by will. 1 Pow. Dev. c. 7. DEVISOR. A giver of lands or real estate by will; the maker of a will of lands; a tes tator. DEVOIR. Fr. Duty. It is used in the statute of 2 Rich. II. c. 3, in the sense of duties or customs. DEVOLUTION. In ecclesiastical law. The forfeiture of a right or power (as the right of presentation to a living) in conse quence of its non-user by the person holding it, or of some other act or omission on his part, and its resulting transfer to the person next entitled. DEVOLVE. "To devolve means to pass from a person dying to a person living; the etymology of the word shows its meaning." 1 Mylne & K. 648. BEVY. L.Fr. Dies; deceases. Bendloe.5.

DEXTANS. Lat. In Roman law. A division of the as, consisting of ten unciat; ten-twelfths, or five-sixths. 2 Bl. Comm. 462, note m. DEXTRARIUS. One at the right hand of another. DEXTRAS DARE. • To shake hands in token of friendship; or to give up oneself to the power of another peison. DI COLONNA. In maritime law. The contract which takes place between the owner of a ship, the captain, and the mari ners, who agree that the voyage shall be for the benefit of all. The term is used in the Italian law. Emerig. Mar. Loans, § 5. DI. ET PI. L. Lat. In old writs. An abbreviation of dilecto et fldeli, (to his be loved and faithful.) DIACONATE. The office of a deacon. DIACONUS. A deacon. DIAGNOSIS. A medical term, meaning the discovery of the source of a patient's ill ness. DIALECTICS. That branch of logic which teaches the rules and modes of rea soning. DIALLAGE. A rhetorical figure in which arguments are placed in various points of view, and then turned to one point. Enc. Lond. DIALOGUS DE SCACCARIO. Dia logue of or about the exchequer. An ancient treatise on the court of exchequer, attributed by some to Gervase of Tilbury, by others to Richard Fitz ITigel, bishop of London in the reign of Richard I. It is quoted by Lord Coke under the name of Ockham. Crabb, Eng. Law, 71. DIANATIC. A logical reasoning in a progressive manner, proceeding from one subject to another. Enc. Lond. DIARIUM. Daily food, or as much as will suffice for the day. Du Cange. DIATIM. In old records. Daily; everj day; from day to day. Spelman. DICA. In old English law. A tally for accounts, by number of cuts, (taillees,) marks, or notches. Cowell. See TALLIA, TALLY. DICAST. An officer in ancient Greece answering in some respects to our juryman, but combining, on trials had before them, the

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