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Testacy
TestacyThe state or condition of dying after making a will, which was valid at the time of testator's death. RELATED TERMS-------------------------------------- State 1) Government. In its most enlarged sense, it signifies a self-sufficient body of persons united together in one community for the defence of their rights, and to do right and justice to foreigners. In this sense, the state means the whole people united into one body politic; and the state, and the people of the state, are equivalent expressions. 2) Condition of persons. This word has various acceptations. If we inquire into its origin, it will be found to come from the Latin status, which is derived from the verb stare, sto, whence has been made statio, which signifies the place where a person is located, stat, to fulfil the obligations which are imposed upon him. Condition Persons. The situation in civil society which creates certain relations between the individual, to whom it is applied, and one or more others, from which mutual rights and obligations arise. Will A will is a legal document in which a person directs how his property is to be distributed after his death. Such documents must be executed in due form and must be duly witnessed. Valid An act, deed, will, and the like, which has received all the formalities required by law, is said to be valid or good in law. Time Contracts, evidence, practice. The measure of duration., It is divided into years, months. days, hours, minutes, and seconds. It is also divided into day and night. 2) Pleading. The avertment of time is generally necessary in pleading; the rules are different, in different actions. Death Cessation of life; extinction of political existence. SIMILAR TERMS-------------------------------------- Test Something by which to ascertain the truth respecting another thing. Testament Civil law. The appointment of an executor or testamentary heir, according to the formalities prescribed by law. Testamentary Belonging to a testament; as a testamentary gift; a testamen-tary guardian, or one appointed by will or testament; letters testamentary, or a writing under seal given by an officer lawfully authorized, granting power to one named as executor to execute a last will or testament. Testamentary capacity The legal ability to make a will. Testamentary heir Civil law. A testamentary heir is one who is constituted heir by testament executed in the form prescribed by law. He is so called to distinguish him from the legal heirs, who are called to the succession by the law; and from conventional heirs, who are so constituted by a contract inter vivos. Testamentary trust A trust which is to take effect only upon the death of the settlor and is commonly found as part of a will. Trusts which take effect during the life of the settlor are called inter vivos trusts. Testate One who dies having made a testament; a testator. This word is used in this sense, in the act of the legislature of Pennsylvania, entitled "An act relative to dower and for other purposes." Testator One who has made a testament or will. Testatrix A woman who makes a will or testament, is so called. Testatum Practice. The name of a writ which is issued by the court of one county, to the sheriff of another county, in the same state, when the defen-dant cannot be found in the county where the court is located; for example, after a judgment has been obtained, and a ca. sa. has been issued, which has been returned non est inventus, a testatum ca. sa. may be issued to the sheriff of the county where the defendant is. Teste Practice. The teste of a writ is the concluding clause, commencing with the word witness, &c. Testes Witnesses. Testify To testify. To give evidence according to law; the examination of a witness who declares his knowledge of facts. Testimonial proof Civil law. This word is used in the same sense as we use parol evidence, and, in contradistinction to literal proof, which is written evidence. Testimony Evidence. The statement made by a witness under oath or affirmation Testmoigne This is an old and barbarous French word, signifying in the old books, evidence. PREVIOUS AND NEXT TERMS-------------------------------------- Territorial courts The courts established in the territories of the United States. Territory Apart of a country, separated from the rest, and subject to a particular jurisdiction. The word is derived from terreo, and is so called because the magistrate within his jurisdiction has the power of inspiring a salutary fear. Dictum cat ab eo quod magistratus intra fines ejus terrendi jus habet. In speaking of the ecclesiastical jurisdictions, Francis Duaren observes, that the ecclesiastics are said not to have territory, nor the power of arrest or removal, and are not unlike the Roman magistrates of whom Gellius says vocationem habebant non prehen-sionem. In the sense it is used in the constitution of the United States, it signifies a portion of the country subject to and belonging to the United States, which is not within the boundary of any of them. Terror That state of the mind which arises from the event or phenomenon that may serve as a prognostic of some catastrophe affright from apparent danger. Tertius interveniens Civil law. One, who claiming an interest in the subject or thing in dispute in action between other parties, asserts his right to act with the plaintiff, to be joined with him, and to recover the matter in dispute because he has an interest in it or to join the defendant, and with him, oppose the interest of the plaintiff, which it is his interest to defeat. He differs from the intervener or he who interpleads in equity. Test Something by which to ascertain the truth respecting another thing. Testacy Testament Civil law. The appointment of an executor or testamentary heir, according to the formalities prescribed by law. Testamentary Belonging to a testament; as a testamentary gift; a testamen-tary guardian, or one appointed by will or testament; letters testamentary, or a writing under seal given by an officer lawfully authorized, granting power to one named as executor to execute a last will or testament. Testamentary capacity The legal ability to make a will. Testamentary heir Civil law. A testamentary heir is one who is constituted heir by testament executed in the form prescribed by law. He is so called to distinguish him from the legal heirs, who are called to the succession by the law; and from conventional heirs, who are so constituted by a contract inter vivos. Testamentary trust A trust which is to take effect only upon the death of the settlor and is commonly found as part of a will. Trusts which take effect during the life of the settlor are called inter vivos trusts. We thank you for using the Juridical Dictionary to search for Testacy. If you have a better definition for Testacy than the one presented here, please let us know by making use of the suggest a term option. This definition of Testacy may be disputed by other professionals. Our attempt is to provide easy definitions on Testacy and any other medical topic for the public at large.
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