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| This dictionary contains: 8526 juridical terms |
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Testatum
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TestatumPractice. 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.
RELATED TERMS--------------------------------------
Practice
The form, manner and order of conducting and carrying on suits or prosecutions in the courts through their various stages, according, to the principles of law, and the rules laid down by the respective courts.
Name
One or more words used to distinguish a particular individual, as Socrates, Benjamin Franklin.
Writ
An official court document, signed by a judge or bearing an official court seal, which commands the person to whom it is addressed, to do something specific. That "person" is typically either a sheriff (who may be instructed to seize property, for example) or a defendant (for whom the writ is the first notice of formal legal action. In these cases, the writ would command the person to answer the charges laid out in the suit, or else judgment may be made against them in their absence).
Court
A body in government to which the administration of justice is delegated.
County
Originally, a province governed by a count, - the earl or alderman to whom the government of the shire was entrusted. 1 Bl. Com. 116.
Sheriff
The name of the chief officer of the county. In Latin he is called vice comes, because in England he represented the comes or earl. His name is said to be derived from the Saxon seyre, shire or county, and reve, keeper, bailiff, or guardian.
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.
When
1) At which time, in wills, standing by itself unqualified and unexplained, this is a word of condition denoting the time at which the gift is to continence. 2) The context of a will may show that the word when is to be applied to the possession only, not to the vesting of a legacy; but to justify this construction, there must be circumstances, or other expressions in the will, showing such to have been the testator's intent.
Example
An example is a case put to illustrate a. principle.
Judgment
Practice. The decision or sentence of the law, given by a court of justice or other competent tribunal, as the result of proceedings instituted therein, for the redress of an injury.
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.
Defendant
A party who is sued in a personal action.
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.
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.
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--------------------------------------
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
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
RELATED TERMS--------------------------------------
Practice
The form, manner and order of conducting and carrying on suits or prosecutions in the courts through their various stages, according, to the principles of law, and the rules laid down by the respective courts.
Name
One or more words used to distinguish a particular individual, as Socrates, Benjamin Franklin.
Writ
An official court document, signed by a judge or bearing an official court seal, which commands the person to whom it is addressed, to do something specific. That "person" is typically either a sheriff (who may be instructed to seize property, for example) or a defendant (for whom the writ is the first notice of formal legal action. In these cases, the writ would command the person to answer the charges laid out in the suit, or else judgment may be made against them in their absence).
Court
A body in government to which the administration of justice is delegated.
County
Originally, a province governed by a count, - the earl or alderman to whom the government of the shire was entrusted. 1 Bl. Com. 116.
Sheriff
The name of the chief officer of the county. In Latin he is called vice comes, because in England he represented the comes or earl. His name is said to be derived from the Saxon seyre, shire or county, and reve, keeper, bailiff, or guardian.
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.
When
1) At which time, in wills, standing by itself unqualified and unexplained, this is a word of condition denoting the time at which the gift is to continence. 2) The context of a will may show that the word when is to be applied to the possession only, not to the vesting of a legacy; but to justify this construction, there must be circumstances, or other expressions in the will, showing such to have been the testator's intent.
Example
An example is a case put to illustrate a. principle.
Judgment
Practice. The decision or sentence of the law, given by a court of justice or other competent tribunal, as the result of proceedings instituted therein, for the redress of an injury.
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.
Defendant
A party who is sued in a personal action.
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.
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.
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--------------------------------------
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
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
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This dictionary contains 8526 terms.
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