destinatio

DESTINATION. The application which the testator directs shall be made of the 
legacy he gives; for example, when a testator gives to a hospital a sum of 
money, to be applied in erecting buildings, he is said to give a destination 
to the legacy. Destination also signifies the intended application of a 
thing. Mill stones, for example, taken out of a mill to be picked, and to be 
returned, have a destination, and are considered as real estate, although 
detached from the freehold. Heir looms, (q.v.) although personal chattels, 
are, by their destination, considered real estate and money agreed or 
directed to be laid out in land, is treated as real property. Newl. on 
Contr. ch. 8; Fonbl. Eq. B. 1, c. 6, Sec. 9; 3 Wheat. R. 577; 2 Bell's Com. 
2; Ersk. Inst. 2 Sec. 14. Vide Mill. 
     2. When the owner of two adjoining houses uses, during his life, the 
property in such a manner as to make one property subject to the other, and 
devises one property to one person, and the other to another, this is said 
not to be an easement or servitude, but a destination by the former owner. 
Lois des Bat. partie 1, c. 4, art. 3, Sec. 3; 5 Har. & John. 82. See 
Dedication.