DEVICE

(Fr. deviser, to invent, will, or imagine.) In Heraldry, the term Devise is popularly used in the same sense as armorial bearings (which see); but it is more strictly employed to signify a symbol, consisting of a representation of some visible object, and in many instances a motto appropriate to it, used, not by way of heraldic bearing, but according to the fancy of the inventor: sometimes for the motto alone. Monograms are also a species of device. From the word deviser, in its ancient signification of to will, is derived the Norman French devise, a bequest of real property by testament, which is still retained in our law. ■ Devise, in Law, is a gift of lands by a last will and testament. Lands held in fee-simple became devisable, where not so by special custom, by the statute 34 & 35 H. 8. c. 5. By 3 & 4 W. & M. c. 14. devises were made void against specialty creditors. Estates pur auter vie are devisable by stat. 29 C. 2. c. 3. 'A will of lands formerly only operated on those lands of which the testator was po e ed at the time of publishing it. (See Will.) In a devise, the words are, in general, more liberally construed than in alienation by deed. But by the recent Statute of Wills (1 Vic. c. 26.) every will is held to speak, both as to real and personal property, as if executed immediately before the death of the testator. [s. 345]