A gift of real property by a last will and testament. The term devise, properly and technically, applies only to real estate; the object of the devise must, therefore, be that kind of property; 1 Hill, Abr. c. 88, 68; 21 Barb. 561. But it is also sometimes im- properly applied to a bequest or legacy. See 4 Kent 489; 8 Viner, Abr. 41; Com. Dig. Estates by Devise. Although the word "devise" is more specially ap propriate to a gift of lands, yet the terms" bequest" and "devise" are used indifferently, and legatees may take under a devise of lands, if the context of the will shows that such was the testator's intention; 21 Ν. Η. 515; 58 Pa. 427. A general devise of lands will pass a re- version in fee, even though the testator has other lands which will satisfy the words of the devise, and although it be highly im- probable that he had in mind such reversion; 3 P. Wms. 56; 3 Bro. P. C. 408; 4 Bro. Ch. 338; 1 Metc. Mass. 281; 8 Ves. 256. A general devise will pass leases for years, if the testator have no other real estate upon which the will may operate; but if he have both lands in fee and lands for years, a devise of all his lands and tenements will commonly pass only the lands in fee-simple; Cro. Car. 293; 1 Ed. Ch. 151; 6 Sim. 99. But if a contrary intention appear from the will, it will prevail ; 5 Ves. 540; 9 East 448. Testator "gave, devised and bequeathed all his furniture, goods, chattels and effects, whatsoever the same may be and whereso- ever situate." It was held that giving ex- pression to the word "devise," in connection with the other terms of the will, that the gift passed all the property of the testator, whether real or personal; [1891] 8 Ch. 389. A devise in a will can never be regarded as the execution of a power, unless that intention is manifest: as, where the will would otherwise have nothing upon which it could operate. But the devise to have that operation need not necessarily refer to the power in express terms. But where there is an interest upon which it can oper- ate, it shall be referred to that, unless some other intention is obvious; 6 Co. 176; 6 Madd. 190; 4 Kent 334; 1 Jarm. Wills 628. The devise of all one's lands will not gene- rally carry the interest of a mortgagee, in premises, unless that intent is apparent: 2 Vern. 621; 3 P. Wms. 61; 1 Jarm. Wills, 633. The fact that the mortgagee is in pos- session is sometimes of importance in de- termining the purpose of the devise. But many cases hold that the interest of a mort- gagee or trustee will pass by a general de- vise of all one's land, unless a contrary intent be shown; 13 Johns. 537; 8 Ves. 407: 1 J. & W. 494. But see 9 B. & C. 267. This is indeed the result of the modern de- cisions, 4 Kent 539; 1 Jarm. Wills 638. It seems-clear that a devise of one's mortgages will pass the beneficial title of the mortga- gee; 4 Kent 539. Devises may be contingent or vested, after the death of the testator. They are con- tingent when the vesting of any estate in the devisee is 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 referred 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. xxvi., and numerous cases cited. The law favors that construction of the will which will vest the estate; 21 Pick. 311; 1 W. & S. 205. But this construction must not be carried to such an extent as to defeat the manifest intent of the testator; 21 Pick. 311; 7 Metc. 171. Where the estate is given absolutely, but only the time of possession is deferred, the devisee or legatee acquires a transmis- sible interest although he never arrive at the age to take possession; 1 Ves. Sen. 44, 59, 118; 4 Pick. 198; 7 Metc. 173. See LAPSED DEVISE; WILL; LEGACY; CHARGE.