| 释义 |
‖ devastavit Law.|diːvæˈsteɪvɪt|
[L. dēvastāvit he has wasted, 3rd sing. perf. of dēvastāre: see devastate.]
A writ that lies against an executor or administrator for waste or misapplication of the testator's estate.
[1579Rastell Exp. termes lawes, Deuastauerunt bona testatoris, is when Executours wyl deliuer the legacyes that their Testatour hath geeuen, or make restytutyon for wronges done by him, or pay hys det due vpon contracts or other detes vpon specialties, whose dayes of paymentes are not yet come, etc.] 1651in Picton L'pool Munic. Rec. (1883) I. 176 The Sheriffe shall be solizited for a Devastavit. 1729G. Jacob Law Dict. s.v., His Executor or Administrator is made liable to a devastavit, by Stat. 4 & 5 W. & M. c. 24. 1817W. Selwyn Law Nisi Prius (ed. 4) II. 743 A writ of fi. fa. having been sued out on the judgment, to which the sheriff had returned a devastavit.
b. The offence of such waste or misapplication.
1729G. Jacob Law Dict. s.v., Where an executor, &c. payeth legacies before debts, and hath not sufficient to pay both, 'tis a devastavit. Also where an Executor sells the Testator's Goods at an Undervalue, it is a Devastavit. 1893Romer in Law Times XCV. 54/2 The rule that an executor who pays a statute-barred debt is not thereby committing a devastavit. |