Devastavit - Law Dictionary Search Results
Home Dictionary Name: devastavitDevastavit
Devastavit (he has wasted), a devastation or waste of the property of the deceased person by an executor or administrator by extravagance or misapplication of the assets, for which he is liable. 'A devastavit or waste in an executor or administrator is when he doth misemploy the estate of the deceased, and misdemean himself in the managing thereof, against the trust reposed in him': Shep. Touch. P. 485. An action founded on a devastavit will be barred after six years by the Statute of Limitations, Lacons v. Wormall, (1907) 2 KB 350; Re Blow, (1914) 1 Ch 233, and s. 8(3) of the Trustee Act, 1888 (51 & 52 Vict. c. 59).A writ lying against an executor for devastation: the offence of devastation.Devastavit, a personal representative in accepting the office accepts the duties of the office, and becomes a trustee in the sense that he is personally liable in equity for all breaches of the ordinary trusts which in courts of equity are considered to arise from his office. The violation of his d...
devastavit
devastavit [Medieval Latin, he/she has spoiled (someone's property)] 1 : mismanagement or waste of the assets in the estate of a deceased person by the fiduciary in charge of the estate (as the executor) 2 : a common-law writ seeking a remedy for devastavit ...
Executor
Executor. A person appointed by a testator to carry out the directions and requests in his will, and to dispose of the property according to his testamentary provisions after his decease.One who performs or carries out some act, Black's Law Dictionary, 7th Edn., p. 591.The leading duties and responsibilities of an executor may be thus classed:-(1) He will not be allowed as against creditors extravagant funeral expenses if the testator died insolvent; and if he neglects to secure the property, and loss ensue, he will be personally liable for a devastavit, but will not be responsible for mere neglect to take out probate (Re Stevens, (1898) 1 Ch 162). See DEVASTAVIT.(2) By operation of law by virtue of his office he takes a title to the personal property of the testator which vests him with full power ovr the testator's chattels, Attenborough v. Solomon, 1913 AC 76, and by Administration of Estates Act, 1925, s. 1, extending and amending the Land Transfer Act, 1897, real property devolves...
Devastavit
Waste or misapplication of the assets of a deceased person by an executor or an administrator...
Funeral expenses
Funeral expenses. An executor or administrator should bury the deceased testator or intestate suitably to the estate left, and the expense of the burial will be allowed before all other debts and charges; but if the personal representative be extravagant, he commits a devastavit, for which he will be answerable to the creditors or legatees....
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