What is the difference between a specific bequest and a general bequest?
A specific bequest or devise is a gift of a specific item of property that can be easily identified and distinguished from all other property in the testator’s estate. See, e.g., Crawford v. McCarthy, 159 N.Y. 514 (1899). Given the specificity of the gift, another item cannot be substituted to satisfy the bequest, if the item no longer exists (see ademption in the next section). See, e.g., Moffatt v. Heon, 136 N.E. 123 (Mass. 1922).
Example: Douglas made the following bequests in his will: “to my niece, Dana, my home at 78 Winters Court”; “to my nephew, Alistair, my Rolex watch”; “to my sister, Tami, all my household furnishings from 78 Winters Court.” These gifts are all examples of specific gifts because they describe specific property. See, e.g., Haslam v. Alvarez, 38 A.2d 158 (R.I. 1944).
A specific bequest can also take the form of property located at a particular location, although the exact amount of the gift is unclear.
A general bequest is a gift of property payable from the general assets of the testator’s estate.
Example: Nadia made the following bequest in his will: “I hereby give $5,000 to my niece, Gillian.”
Typically, a general bequest is a gift of a stated sum of money. Yet, a bequest of stock or securities may also be classified as a general bequest. See, e.g., In re Malone, 257 N.Y.S. 837 (Sur. Ct. Queens Co. 1931).
