• An executory devise, which is a type of conditional limitation, differs from a remainder in three ways: (1) it needs no particular estate to support it, (2) with it a fee simple or lesser estate can be limited after a fee simple, and (3) with it a remainder can be limited in a chattel interest after a particular estate for life is created in that interest. See conditional limitation under LIMITATION. [Cases: Wills 7. C.J.S. Wills §§ 58, 63–64, 68.]
executory devise
An interest in land, created by will, that takes effect in the future and depends on a future contingency; a limitation, by will, of a future estate or interest in land when the limitation cannot, consistently with legal rules, take effect as a remainder.
