KFLCC Kingdom Law 2nd Ed.

TESTATUM

TESTAMENTA CUM DUO

1149

TESTAMENTUM.

In the civil

Lat.

Testamenta cum duo inter se pngnan tia reperiuntur, ultimum ratum est; sie 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 testamentar%) causes. De rived from, founded on, or appointed by a testament or will; as a testamentary guard ian, letters testamentary, etc. A paper, instrument, document, gift, ap pointment, etc., is said to be "testamentary" when it is written or made so as not to take effect until after the death of the person making it, and to be revocable and retain the property under his control during his life, although he may have believed that it would operate as an instrument of a differ ent character. Sweet — Letters testamentary. The formal in strument of authority and appointment given to an executor by the proper court, upon the ad mission of the will to probate, empowering him to enter upon the discharge of his office as executor.— Testamentary capacity. That measure of mental ability which is recognized in law as sufficient for the making a will. See Nicewander v. Nicewander, 151 111. 156, 37 N. E. 698; Dela field v. Parish, 25 N. Y. 29; Yardley v. Cuthbertson, 108 Pa. 395, 1 Atl. 765, 56 Am. Rep. 218; Leech v. Leech, 21 Pa. 67; Duffield v. Robeson, 2 Har. (Del.) 379; Lowe v. Williamson, 2 N. J. Eq. 85.— Testa mentary causes. In English law. Causes or matters relating to the probate of wills, the f franting of administrations, and the suing for egacies, of which the ecclesiastical courts have jurisdiction. 3 Bl. Comm. 95, 98. Testamen tary causes are causes relating to the validity and execution of wills. The phrase is generally confined to those causes which were formerly matters of ecclesiastical jurisdiction, and are now dealt with by the court of probate. Moz ley & Whitley.— Testamentary disposition. A disposition of property by way of gift, which is not to take effect unless the grantor dies or until that event. Diefendorf v. Diefendorf, 56 Hun, 639. 8 N. Y. Supp. 617; Chestnut St. Nat. Bank v. Fidelity Ins., etc., Co., 186 Pa. 333. 40 Atl. 486, 65 Am. St. Rep. 860.— Testa mentary guardian. A guardian appointed by the last will of a father for the person and seal and personal estate of his child until the latter arrives of full age. 1 Bl. Comm. 462; 2 Kent, Comm. 224.— Testamentary paper. An instrument in the nature of a will; an un probated will; a paper writing which is of the character of a will, though not formally such, and which, if allowed as a testament, will have the effect of a will upon the devolution and distribution of property.— Testamentary suc cession. In Louisiana, that which results from the institution of an heir contained in a testament executed in the form prescribed by law. Civ. Code La. 1900, art. 876.— Testa mentary trustee. See TRUSTEE.

law. A testament; a will, or last will. In old English lair. A testament or will; a disposition of property made in con templation of death. Bract, fol. 60. A general name for any instrument of con veyance, including deeds and charters, and so called either because it furnished written testimony of the conveyance, or because it was authenticated by witnesses, (testes.) Spelman. — Testamentum inofficiosum. Lat. In the civil law. An inofficious testament, (q. v.) Testamentum est voluntatis nostras justa sententia, de eo quod quis post mortem suam fieri velit. A testament is the just expression of our will concerning that which any one wishes done after his death, [or, as Blackstone translates, "the le gal declaration of a man's intentions which he wills to be performed after his death."] Dig. 28, 1, 1; 2 Bl. Comm. 499. Testamentum, i. e., testatio mentis, facta nullo praesente metu periculi, sed cogitatione mortalitatis. Co. Litt. 322. A testament, i. e., the witnessing of one's intention, made under no present fear of danger, but in expectancy of death. Testamentum Omne morte consumma tur. Every will is perfected by death. A will speaks from the time of death only. Co. Litt. 232. TESTARI. Lat In the civil law. To testify; to attest; to declare, publish, or make known a thing before witnesses. To make a will. Calvin. TESTATE. One who has made a, will; one who dies leaving a will. TESTATION. Witness; evidence. TESTATOR. One who makes or has made a testament or will; one who dies leaving a will. This term is borrowed from the civil law. Inst. 2, 14, 5, 6. Testatoris ultima voluntas est perim plenda secundum veram intentionem suam. Co. Litt. 322. The last will of .a testator is to be thoroughly fulfilled accord ing to his real intention. TESTATRIX. A woman who makes a will; a woman who dies leaving a will; a female testator. TESTATUM. In practice. When a writ of execution has been directed to the sheriff of a county, and he returns that the defendant is not found in his bailiwick, or that he has no goods there, as the case may be, then a second writ, reciting this former

TESTAMENTI FACTIO. Lat In the civil law. The ceremony of making a testa ment, either as testator, heir, or witness.