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| This dictionary contains: 8526 juridical terms |
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Testament
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TestamentCivil law. The appointment of an executor or testamentary heir, according to the formalities prescribed by law.
RELATED TERMS--------------------------------------
Civil
1) It is used in contradistinction to barbarous or savage, to indicate a state of society reduced to order and regular government; thus we speak of civil life, civil society, civil government, and civil liberty. 2) It is sometimes used in contradistinction to criminal, to indicate the private rights and remedies of men, as members of the community, in contrast to those which are public and relate to the government; thus we speak of civil process and criminal process, civil jurisdiction and criminal jurisdiction.
Law
A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system.
Appointment
1) Government, wills. The act by which a person is selected and invested with an office; as the appointment of a judge, of which the making out of his commission is conclusive evidence. 2) By appointment is also understood a public employment, nearly synonymous with office.
Executor
A person specifically appointed by a testator to administer the will ensuring that final wishes are respected (i.e. that the will is properly "executed"). An executor is a personal representative.
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.
Heir
One born in lawful matrimony, who succeeds by descent, and right of blood, to lands, tenements or hereditaments, being an estate of inheritance. It is an established rule of law, that God alone can make an heir. According to many authorities, heir may be nomen collectivuum, as well in a deed as in a will, and operate in both in the same mannar, as heirs in the plural number.
SIMILAR TERMS--------------------------------------
Test
Something by which to ascertain the truth respecting another thing.
Testacy
The state or condition of dying after making a will, which was valid at the time of testator's death.
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--------------------------------------
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
The state or condition of dying after making a will, which was valid at the time of testator's death.
Testament
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."
RELATED TERMS--------------------------------------
Civil
1) It is used in contradistinction to barbarous or savage, to indicate a state of society reduced to order and regular government; thus we speak of civil life, civil society, civil government, and civil liberty. 2) It is sometimes used in contradistinction to criminal, to indicate the private rights and remedies of men, as members of the community, in contrast to those which are public and relate to the government; thus we speak of civil process and criminal process, civil jurisdiction and criminal jurisdiction.
Law
A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system.
Appointment
1) Government, wills. The act by which a person is selected and invested with an office; as the appointment of a judge, of which the making out of his commission is conclusive evidence. 2) By appointment is also understood a public employment, nearly synonymous with office.
Executor
A person specifically appointed by a testator to administer the will ensuring that final wishes are respected (i.e. that the will is properly "executed"). An executor is a personal representative.
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.
Heir
One born in lawful matrimony, who succeeds by descent, and right of blood, to lands, tenements or hereditaments, being an estate of inheritance. It is an established rule of law, that God alone can make an heir. According to many authorities, heir may be nomen collectivuum, as well in a deed as in a will, and operate in both in the same mannar, as heirs in the plural number.
SIMILAR TERMS--------------------------------------
Test
Something by which to ascertain the truth respecting another thing.
Testacy
The state or condition of dying after making a will, which was valid at the time of testator's death.
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--------------------------------------
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
The state or condition of dying after making a will, which was valid at the time of testator's death.
Testament
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."
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This dictionary contains 8526 terms.
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