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三者均有遗赠物的含义。一般说来,legacy等同bequest[1], 为“动产遗赠”,都是指属人财产或动产(personal property)的赠与,legacy更常指遗赠的金钱[2]。而devise则为“不动产遗赠”,指不动产(real property,尤指land)的赠与[3]。但以上三个术语的明显区别现正在逐渐消失。如法律规定如立遗嘱人在遗嘱中明确表示,则legacy和bequest也用于指不动产遗赠[4]; 且现在按美国《统一遗嘱检验法典》之规定,devise也可用于指任何形式的财产的遗赠[5]。
[1]“Legacy: same as bequest. ”Cf. James E. Clapp, Random House Webster's Dictionary of the Law, at p. 267, Random House, New York (2000).
[2]“A gift by will,esp. of personal property and often of money. a Cf. Bryan A. Garner, Black's Law Dictionary, 7th edition, at p. 901,West Group (1999).
[3]“ Giving freehold land to someone in a will. Giving of other types of property is a bequest. " Cf. P. H. Collin, Dictionary of Law, 2nd edition, at p. 169, Peter Collin Publishing Ltd. (1993).
[4]“In a technical sense and strictly construes, legacy is a gift or bequest by will of
personal property, whereas a devise is a testamentary disposition of real estate, but such distinction will not be permitted to defeated the intent of a testator, and such terms may be construed interchangeably or applied indifferently to either personalty or real estate if the context of the will shows that such was the intention of the testator. ” Cf. The Publisher's Editorial Staff, Black's Law Dictionary, abridged 6th edition, at p. 617, West Publishing Co. (1991).
[5]“ Formerly devise was used to refer only to gifts of real property,and legacy and bequest were used only to refer to gifts of personal property. These distinctions are no longer closely followed. The Uniform Probate Code uses devise to refer to any gifts made in a will. ”Cf. Linda Picard Wood, J. D.,Merriam Webster’s Dictionary of Law,at p. 137, Merriam- Webster, Incorporated (1996).