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| This dictionary contains: 8526 juridical terms |
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Testamentary trust
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Testamentary trustA 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.
RELATED TERMS--------------------------------------
Trust
Contracts, devises. An equitable right, title or interest in property, real or personal, distinct from its legal ownership; or it is a personal obligation for paying, delivering or performing anything, where the person trusting has no real. right or security, for by, that act he confides altogether to the faithfulness of those intrusted. This is its most general meaning, and includes deposits, bailments, and the like. In its more technical sense, it may be defined to be an obligation upon a person, arising out of a confidence reposed in him, to apply property faithfully, and according to such confidence.
Take
This is a technical expression which signifies to be entitled to; as, a devisee will take under the will. To take also signifies to seize, as to take and carry away.
Effect
The operation of a law, of an agreement, or an act, is called its effect.
Death
Cessation of life; extinction of political existence.
Settlor
The person who sets up a trust. Also referred to as "grantor."
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.
Life
The aggregate of the animal functions which resist death. Bichat.
Inter
Between, among; as, inter vivos, between living persons; inter alia, among others.
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
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.
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--------------------------------------
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
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
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.
RELATED TERMS--------------------------------------
Trust
Contracts, devises. An equitable right, title or interest in property, real or personal, distinct from its legal ownership; or it is a personal obligation for paying, delivering or performing anything, where the person trusting has no real. right or security, for by, that act he confides altogether to the faithfulness of those intrusted. This is its most general meaning, and includes deposits, bailments, and the like. In its more technical sense, it may be defined to be an obligation upon a person, arising out of a confidence reposed in him, to apply property faithfully, and according to such confidence.
Take
This is a technical expression which signifies to be entitled to; as, a devisee will take under the will. To take also signifies to seize, as to take and carry away.
Effect
The operation of a law, of an agreement, or an act, is called its effect.
Death
Cessation of life; extinction of political existence.
Settlor
The person who sets up a trust. Also referred to as "grantor."
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.
Life
The aggregate of the animal functions which resist death. Bichat.
Inter
Between, among; as, inter vivos, between living persons; inter alia, among others.
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
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.
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--------------------------------------
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
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
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.
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This dictionary contains 8526 terms.
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