KFLCC Kingdom Law 2nd Ed.

TERTIA DENUNCIATIO

1148

TESTAMENT

"to the terror

of the people." See Arto v.

oT fees held either Immediately of the king or of others who held of the king in capite; fees holden in frankalmoigne; serjeantles holden of ,the king; widows and heiresses of tenants 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 coun ty 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. The state or condition of leaving a will at one's death. Opposed to "intestacy." TESTAMENT. A disposition of personal property to take place after the owner's de cease, according to his desire and direction. Pluche v. Jones, 54 Fed. 865, 4 C. C. A. 622; Aubert's Appeal, 109 Pa. 447, 1 Atl. 336; Conklin v. Egerton, 21 Wend. (N. T.) 436; Ragsdale v. Booker, 2 Strob. Eq. (S. C.) 34a 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. Civ. 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 in 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 b« done after his death. It is compounded, ac cording to Justinian, from testatto mentis; but the better opinion is that it is a simple word formed from the Latin testor, and not a com pound word. Mozley & Whitley. —Military testament. In English law. A nuncupative will, that is, one made by word of mouth, by which a soldier may dispose of his goods, pay, and other pers6nal chattels, without the forma and solemnities which the law re quires in other cases. St. 1 Vict c. 26, § 11. —Mutual testaments. Wills made by two persons who leave their effects reciprocally to the survivor.—Mystic testament. In the law of Louisiana. A sealed testament. The mystic or secret testament, otherwise called the "closed testament," is made in the following manner: The testator must sign his dispositions, whether he has written them himself or has caused them to be written by another person. The paper containing those dispositions, or the paper serv ing as, their envelope, must be closed and sealed. The testator shall present it thus closed and sealed to the notary and to seven witnesses, or he shall cause it to be closed and sealed in their presence. Then he shall declare to the notary, in presence of the witnesses, that that paper contains his testament written by him self, or by another by his direction, and signed by him, - the testator. The notary shall then draw up the act of superscription, which shall be written on that paper, or on the sheet that serves as its envelope, and that act shall be signed by the testator, and by the notary and^ the witnesses. Civ. Code La. art. 1584. TESTACY.

State, 19 Tex. App. 136.

TERTIA DENUNCIATIO. Lat. In old English law. Third publication or proclama tion of intended marriage. 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; a criterion, gauge, standard, or norm. In public law, an inquiry or examination addressed to a person appointed or elected to a public office, to ascertain his qualifica tions therefor, but particularly a scrutiny of his political, religious, or social views, or his attitude of past and present loyalty or dis loyalty to the government under which he is to act. See Attorney General v. Detroit Common Council, 58 Mich. 213, 24 N. W. 887, 55 Am. Rep. 675; People v. Hoffman, 116 111. 587, 5 N. E. 596, 56 Am. Rep. 793; Rogers v. Buffalo, 51 Hun, 637, 3 N. Y. Supp. 674. —Test act. The statute 25 Car. II. c 2, which directed all civil and military officers to take the oaths of allegiance and supremacy, and make the declaration against transubstan tiation, within six months after their admis sion, and also within the same time receive the sacrament according to the usage of the Church of England, under penalty 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, concurrently de pending in the same court, brought by several plaintiffs against the same defendant, or by one plaintiff against different defendants, all similar in their circumstances, 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 court equivalent to consolidation,) and its decision to serve as a itest 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 person to fill a public or political office; but particularly an oath of fidelity and allegiance (past or present) to the established government. —Test-paper. In practice. A paper or in strument shown to a jury as evidence. A term used in the Pennsylvania courts. Depue v. Clare, 7 Pa. 428. TESTA DE NEVIL. An ancient and au thentic record in two volumes, in the cus tody of the king's remembrancer in the ex chequer, said to be compiled by John de Nevll, a justice itinerant, in the eighteenth and twenty-fourth years of Henry III. Cow ell. These volumes were printed in 1807, nnder the authority of the commissioners of the public records, v and contain an account TERTIUS INTERVENIENS. Lat