Blacks Law Dict. 1st ed

TESTAMENTARY

TERTIA DENUNCIATIO 1165

under the authority of the commissioners of the public records, and contain an account of fees held either immediately of the king or of others who held of the king in capite; fees holden in frankalmoigne; serjeanties holden of the king; widows and heiresses of ten ants in capite, whose marriages were in the gift of the king; churches in the gift of the king; escheats, and sums paid for scutages and» aids, especially within the county of Hereford. Cowell; Wharton. TESTABLE. A person is said to be test able when he has capacity to make a will; a man of twenty-one years of age and of sane mind is testable. TESTACY. The state or condition of leaving a will at one's death. Opposed to "intestacy." TESTAMENT. A disposition of per sonal property to take place after the own er's decease, according to his desire and di rection. A testament is the act of last will, clothed with certain solemnities, by which the testa tor disposes of his property, either univer sally, or by universal title, or by particular title. Civil Code La. art. 1571. Strictly speaking, the term denotes only a will of personal property; a will of land not being called a "testament." The word "tes tament" is now seldom used, except m the heading of a formal will, which usually be gins: "This is the last will and testament of me, A. B.," etc. Sweet. Testament is the true declaration of a man's last will as to that which he would have to be done after his death. It is compounded, accord ing to Justinian, from testatio mentis; but the better opinion is that it is a simple word formed from the Latin tester, and not a compound word. Mozley & Whitley. Testaments cum duo inter se pugnan tia reperiuntur, ultimum ratum est; sic est, cum duo inter se pugnantia reperi untur in eodem testamento. Co. Litt. 112. When two conflicting wills are found, the last prevails; so it is when two conflict ing clauses occur in the same will. Testamenta latissimam interpretatio nem habere debent. Jenk. Cent. 81. Wills ought to have the broadest interpretation. TESTAMENTARY. Pertaining to a will or testament; as testamentary causes. Derived from, founded on, or appointed by a testament or will; as a testamentary guard ian, letters testamentary, etc. A paper, instrument, document, gift, ap

ance of danger. In an indictment for riot, it must be charged that the acts done were "to the terror of the people." TERTIA DENUNCIATIO. Lat. In old English law. Third publication or proclamation of intended marriage. TEBTIUS INTERVENIENS. Lat. In the civil law. A third person intervening; a third person who comes in between the par ties to a suit; one who interpleads. Gil bert's Forum Rom. 47. TEST. To bring one to a trial and exam ination, or to ascertain the truth or the quality or fitness of a thing. Something by which to ascertain the truth respecting another thing. TEST ACT. The statute 25 Car. II. c. 2, which directed all civil and military offi cers to take the oaths of allegiance and su premacy, and make the declaiation against transubstantiation, within six months after their admission, and also within the same time receive the sacrament accoiding to the usage of the Church of England, under pen alty of £500 and disability to hold the office. 4 Bl. Comm. 58, 59. This was abolished by St. 9 Geo. IV. c. 17, so far as concerns receiving the sacrament, and a new form of declaration was substituted. TEST ACTION. An action selected out of a considerable number of suits, concur rently depending in the same court, brought by several plaintiffs against the same de fendant, or by one plaintiff against different defendants, all similar in their ciicum stances, and embracing the same questions, and to be supported by the same evidence, the selected action to go first to trial, (under an order of comt equivalent to consolida tion,) and its decision to serve as a test of the right of recovery in the others, all parties agreeing to be bound by the result of the test action. TEST OATH. An oath required to be taken as a criterion of the fitness of the per son to fill a public or political office; but par ticularly an oath of fidelity and allegiance (past or present) to the established govern ment. TESTA DE NEVIL. An ancient and authentic record in two volumes, in the cus tody of the queen's remembrancer in the ex chequer, said to be compiled by John de Nevil, a justice itinerant, in the eighteenth and twenty-fourth years of Henry III. Cow ell. These volumes were printed in 1807,

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