Legal Term Dictionary

A disposition of personal property to take place after the owner's decease, according to his desire and direction. Plnche v. Jones, 54 Fed. 865, 4 C. C. A. 622; Aubert's Appeal, 109 Pa. 447, 1 Ati. 336; Conklin v. Egerton, 21 Wend. (N. Y.) 436; Ragsdale v. Booker, 2 Strob. More...

A disposition of personal property to take place after the owner's decease, according to his desire and direction. Plnche v. Jones, 54 Fed. 865, 4 C. C. A. 622; Aubert's Appeal, 109 Pa. 447, 1 Ati. 336; Conklin v. Egerton, 21 Wend. (N. Y.) 436; Ragsdale v. Booker, 2 Strob. Eq. (S. C.) 348. A testament is the act of last will, clothed with certain solemnities, by which the testator disposes of his property, either universally, or by Universal title, or by particular title. Civ. Code La. art. 1571. Strictly speaking, the term denotes only a will of personal property; a will of land not being called a "testament" The word "testament" is now seldom used, except in the heading of a formal will, which usually begins: "This is the last will and testament of me, A. B.,w etc. Sweet. Testament is the true declaration of a man's last will as to that which he would have to be done after his death. It is compounded, according to Justinian, from testatio mentis; but the better opinion is that it is a simple word formed from the Latin tester, and not a compound word. Mozley A Whitley. -Military testament. In English law. A nuncupative will, that is, one made by word of mouth, by which a soldier may dispose of his goods, pay, and other personal chattels, without the forms and solemnities which the law requires in other cases. St. 1 Vict c. 26, % 11. -Mutual testaments. Wills made by two persons who leave their effects reciprocally to the survivor.-Mystic testament. In the law of Louisiana. A sealed testament. The mystic or secret testament, otherwise called the "closed testament," is made in the following manner: The testator must sign his dispositions, whether he has written them himself or has caused them to be written by another person. The paper containing those dispositions, Or the paper serving as their envelope, must be closed and sealed. The testator shall present it thus closed and sealed to the notary and to seven witnesses, or he shall cause it to be closed and sealed in their presence. Then he shall declare to the notary, in presence of the witnesses, that that paper contains his testament written by himself, or by another by his direction, and signed by him, the testator. The notary shall then draw up the act of superscription, which shall be written on that paper, or on the sheet that serves as its envelope, and that act shall be signed by the testator, and by the notary and the witnesses. Civ. Code La. art. 1584. - Testamenta emu duo inter so pugnan-tia reperiuntur, ultimum ratum est; sie est, cum dud inter se pugnantla reperiuntur in eodem testamento. Co. Litt. 112. When two conflicting wills are found, the last prevails; so it is when two conflicting clauses occur In the same will. Testamenta latisslmam interpretatio-nem habere debent. Jenk. Cent 81. Wills ought to have the broadest Interpretation. Less...

Pertaining to a will or testament; as testamentary causes. Derived from, founded on, or appointed by a testament or will; as a testamentary guard-tan, letters testamentary, etc A paper, Instrument, document, gift, appointment etc., is said to be "testamentary" when it is written or made so as not to take More...

Pertaining to a will or testament; as testamentary causes. Derived from, founded on, or appointed by a testament or will; as a testamentary guard-tan, letters testamentary, etc A paper, Instrument, document, gift, appointment etc., is said to be "testamentary" when it is written or made so as not to take effect until after the death of the person making it and to be revocable and retain the property under his control during his life, although he may have believed that it would operate as an Instrument of a different character. Sweet. -Letters testamentary. The formal instrument of authority and appointment given to an executor by the proper court, upon the admission of the will to probate, empowering him to enter upon the discharge of his office as executor.--Testamentary capacity. That measure of mental ability which is recognized in law as sufficient for the making a will. See Nicewander v. Nicewander, 151 111. 156, 37 N. B. 608; Delafield v. Parish, 25 N. Y. 29; Tardley v. Cuthbertson, 108 Pa. 395, 1 Atl. 765, 56 Am. Rep. 218; Leech v. Leech, 21 Pa. 67; Duffield v. Robeson, 2 Har. (Del.) 379; Lowe v. Williamson, 2 N. J. Eq. 85.-Testamentary causes. In English law. Causes or matters relating to the probate of wills, the granting of administrations, and the suing for legacies, of which the ecclesiastical courts have jurisdiction. 3 Bl. Comm. 95, 98. Testamentary causes are causes relating to the validity and execution of wills. The phrase is generally eonfined to those canses which were formerly matters of ecclesiastical jurisdiction, and are now dealt with by the court of probate. Mozley A Whitley.-Testamentary disposition. A disposition of property by way of gift, which Is not to take effect unless the grantor dies or until that event. Diefendorf v. Diefendorf, 56 Hun, 639. 8 N. Y. Supp. 617; Chestnut St. Nat. Bank v. Fidelity Ins., etc., Co., 186 Pa. 383, 40 Atl. 466, 65 Am. St. Rep. 860.-Testamentary guardian. A guardian appointed' by the last will of a father for the person and real and personal estate of his child until the latter arrives of full age. 1 Bl. Comm. 462; 2 Kent, Comm. 224.-Testamentary paper. An instrument in the nature of a will: an un-probated will; a paper writing which is of the character of a will, though not formally such, and which, if allowed as a testament, will have the effect of a will upon the devolution and distribution of property.-Testamentary succession. In Louisiana, that which results from the institution of an heir contained in a testament executed in theform prescribed by law. Civ. Code La. 1900, art. 876.-Testamentary trustee. See TRUSTEE. Less...

Lat In the civil law. The ceremony of making a testament either as testator, heir, or witness.

Lat In the civil law. The ceremony of making a testament either as testator, heir, or witness. Less...

Lat In tne civil law. A testament; a will, or last will. In old English law. A testament or will; a disposition of property made in contemplation of death. Bract fol. 60. A general name for any instrument of conveyance, Including deeds and charters, and so called either because it More...

Lat In tne civil law. A testament; a will, or last will. In old English law. A testament or will; a disposition of property made in contemplation of death. Bract fol. 60. A general name for any instrument of conveyance, Including deeds and charters, and so called either because it furnished written testimony of the conveyance", or because it was authenticated by witnesses, (testes.) Spelman. -Testamentum inofflicosium. Lat In the civil law. An inofficious testament, (q. v.) Testamentum est voluntatis nostras justa sententia, de eo quod quis post mortem suam fieri relit. A testament Is the just expression of our will concerning that which any one wishes done after his death, [or, as Blackstone translates, "the legal declaration of a man's intentions which he wills to be performed after his death."] Dig. 28, 1, 1; 2 Bl. Comm. 499. Testamentum, 1. e", testatio mentis, facta nullo prsesente metu periouli, sed cogitations mortalitatis. Co. Utt. 322. A testament *o e., the witnessing of one's intention, made under no present fear of danger, but in expectancy of death -- Testamentum omne morte consumma-tur. Every will is perfected by death. A will speaks from the time of death only. Co. Litt. 232. Less...

Lat In the civil law. To testify; to attest; to declare, publish, or make known a thing before witnesses. To make a will. Calvin.

Lat In the civil law. To testify; to attest; to declare, publish, or make known a thing before witnesses. To make a will. Calvin. Less...

One who has made a will; one who dies leaving a will.

One who has made a will; one who dies leaving a will. Less...

Witness; evidence.

Witness; evidence. Less...

One who makes or has made a testament or will; one who dies leaving a will. This term Is borrowed from the civil law. Inst. 2, 14, 5, 6. Testatoris ultima voluntas est perim-plenda secundum veram intentionem suam. Co. Litt 322. The last will of a testator is to be More...

One who makes or has made a testament or will; one who dies leaving a will. This term Is borrowed from the civil law. Inst. 2, 14, 5, 6. Testatoris ultima voluntas est perim-plenda secundum veram intentionem suam. Co. Litt 322. The last will of a testator is to be thoroughly fulfilled according to his real intention. Less...

A woman who makes a will; a woman who dies leaving a will; a female testator.

A woman who makes a will; a woman who dies leaving a will; a female testator. Less...

In practice. When a writ of execution has been directed to the sheriff of a county, and he returns that the defendant is not found in his bailiwick, or that he has no goods there, as the case may he, then a second writ reciting this former writ and the More...

In practice. When a writ of execution has been directed to the sheriff of a county, and he returns that the defendant is not found in his bailiwick, or that he has no goods there, as the case may he, then a second writ reciting this former writ and the sheriff's answer to the same, may be directed to the sheriff of some other county wherein the defendant is supposed to be, or to have goods, commanding him to execute the writ as it may require; and this second writ Is called a "testatum" writ, from the words with which it concludes, viz.: "Whereupon, on behalf of the said plaintiff, it is testified in"our said court that the said defendant is [or has goods, etc] within your bailiwick." In conveyancing. That part of a deed which commences with the words, "This indenture witnesseth." Less...