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Testamentary
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TestamentaryBelonging 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.
RELATED TERMS--------------------------------------
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.
Gift
1) Conveyancing. A voluntary conveyance; that is, a conveyance not founded on the consideration of money or blood. The word denotes rather the motive of the conveyance; so that a feoffment or grant may be called a gift when gratuitous. A gift is of the same nature as a settlement; neither denotes a form of assurance, but the nature of the transaction. 2) Contracts. The act by which the owner of a thing, voluntarily transfers the title and possession of the same, from himself to another person who accepts it, without any consideration. It differs from a grant, sale, or barter in this, that in each of these cases there must be a consideration, and a gift, as the definitionstates, must be without consideration.
Guardian
An individual who, by legal appointment or by the effect of a written law, is given custodyof both the property and the person of one who is unable to manage their own affairs, such as a child or mentally-disabled person.
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.
Writing
The act of forming by the hand letters or characters of a particular kind on paper or other suitable substance, and artfully putting them together so as to co nvey ideas. It differs from printing, which is the formation of words on paper or other proper substance by means of a stamp. Sometimes by writing ii understood printing, and sometimes printing and writing mixed.
Seal
To mark a document with a seal; to authenticate or make binding by affixing a seal. Court seal, corporate seal.
Power
This is either inherent or derivative. The former is the right, ability, or faculty of doing something, without receiving that right, ability, or faculty from another. The people have the power to establish a form of govemment, or to change one already established. A father has the legal power to chastise his son; a master, his apprentice.
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.
Execute
To complete; to sign; to carry out according to its terms.
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.
Testament
Civil law. The appointment of an executor or testamentary heir, according to the formalities prescribed by law.
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--------------------------------------
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
Civil law. The appointment of an executor or testamentary heir, according to the formalities prescribed by law.
Testamentary
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.
RELATED TERMS--------------------------------------
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.
Gift
1) Conveyancing. A voluntary conveyance; that is, a conveyance not founded on the consideration of money or blood. The word denotes rather the motive of the conveyance; so that a feoffment or grant may be called a gift when gratuitous. A gift is of the same nature as a settlement; neither denotes a form of assurance, but the nature of the transaction. 2) Contracts. The act by which the owner of a thing, voluntarily transfers the title and possession of the same, from himself to another person who accepts it, without any consideration. It differs from a grant, sale, or barter in this, that in each of these cases there must be a consideration, and a gift, as the definitionstates, must be without consideration.
Guardian
An individual who, by legal appointment or by the effect of a written law, is given custodyof both the property and the person of one who is unable to manage their own affairs, such as a child or mentally-disabled person.
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.
Writing
The act of forming by the hand letters or characters of a particular kind on paper or other suitable substance, and artfully putting them together so as to co nvey ideas. It differs from printing, which is the formation of words on paper or other proper substance by means of a stamp. Sometimes by writing ii understood printing, and sometimes printing and writing mixed.
Seal
To mark a document with a seal; to authenticate or make binding by affixing a seal. Court seal, corporate seal.
Power
This is either inherent or derivative. The former is the right, ability, or faculty of doing something, without receiving that right, ability, or faculty from another. The people have the power to establish a form of govemment, or to change one already established. A father has the legal power to chastise his son; a master, his apprentice.
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.
Execute
To complete; to sign; to carry out according to its terms.
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.
Testament
Civil law. The appointment of an executor or testamentary heir, according to the formalities prescribed by law.
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--------------------------------------
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
Civil law. The appointment of an executor or testamentary heir, according to the formalities prescribed by law.
Testamentary
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.
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This dictionary contains 8526 terms.
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