Legal Term Dictionary

Lat. In old English law. Third publication or proclamation of intended marriage.

Lat. In old English law. Third publication or proclamation of intended marriage. Less...

Lat In the civil law. A third person Intervening; a third person who comes in between the parties to a suit; one who interpleads. Gilbert's Forum Rom. 47.

Lat In the civil law. A third person Intervening; a third person who comes in between the parties to a suit; one who interpleads. Gilbert's Forum Rom. 47. Less...

To bring one to a trial and examination, or to ascertain the truth or the quality or fitness of a thing. Something by which to ascertain the truth respecting another thing; a criterion, gauge, standard, or norm. In public law, an inquiry or examination addressed to a person appointed or More...

To bring one to a trial and examination, or to ascertain the truth or the quality or fitness of a thing. Something by which to ascertain the truth respecting another thing; a criterion, gauge, standard, or norm. In public law, an inquiry or examination addressed to a person appointed or elected to a public office, to ascertain his qualifications therefor, but particularly a scrutiny of his political, religious, or social views, or his attitude of past and present loyalty or disloyalty to the government under which he is to act. See Attorney General v. Detroit Common Council, 58 Mich. 213, 24 N. W. 887, 55 Am. Rep. 675; People v. Hoffman, 116 111. 587, 5 N. E. 596, 66 Am. Rep. 793; Rogers v. Buffalo, 51 Hun, 637, 3 N. T. Supp. 674. -Test act. The statute 25 Car. II. c. 2, which directed all civil and military officers to take the oaths of allegiance and supremacy, and make the declaration against transubstan-tiation, within six months after their Admission, and also within the same time receive the sacrament according to the usage of tbe Church of England, under penalty of ?500 and disability to hold the office. 4 Bl. Comm. 58, 59. This was abolished by St. 9 Geo. IV. c. 17, so far as concerns receiving the sacrament, and a new form of declaration was substituted. -Test action. An action selected out of a considerable number of suits, concurrently depending in the same court, brought by several plaintiffs against the same defendant, or by one plaintiff against different defendants, all similar in their ci rcumstances, and embracing the same questions, and to be supported by the same evidence, the selected action to go first to trial, (under an order of court equivalent to consolidation,) and its decision to serve as a teat of the right of recovery in the others, all parties agreeing to be bound by the result of the test action.-Test oath. An oath required to be taken as a criterion of the fitness of the person to fill a public or political office; but particularly an oath of fidelity and allegiance (past or present) to the established government. -Test-paper. In practice. A paper or instrument shown to a jury as evidence. A term used in the Pennsylvania courts. Depue v. Clare, 7 Pa. 428. Less...

An ancient and authentic record in two volumes, in the custody of the king's remembrancer in the exchequer, said to be compiled by John de Nevil, a justice itinerant, in the eighteenth and twenty-fourth years of Henry III. Cowell. These volumes were printed in 1807, under the authority of the More...

An ancient and authentic record in two volumes, in the custody of the king's remembrancer in the exchequer, said to be compiled by John de Nevil, a justice itinerant, in the eighteenth and twenty-fourth years of Henry III. Cowell. These volumes were printed in 1807, under the authority of the commissioners of the public records, and contain an account of fees held either Immediately of the king or of others who held of the king in capite; fees holden in frankalinoigne; serjeanties holden of ,the king; widows and heiresses of tenants in capite, whose marriages were in the gift of the king; churches in the gift of the king; escheats, and sums paid for scutages and aids, especially within the county of Hereford. Cowell; Wharton. Less...

A person is said to be testable when he has capacity to make a will; a man of twenty-one years of age and of sane mind is testable.

A person is said to be testable when he has capacity to make a will; a man of twenty-one years of age and of sane mind is testable. Less...

The state or condition of leaving a will at one's death. Opposed to "intestacy."

The state or condition of leaving a will at one's death. Opposed to "intestacy." Less...

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...