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Home » Law Dictionary » T » TESTAMENT

TESTAMENT

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

A disposition of personal property to take place after the owner’s decease, 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 testator disposes of his property, either universally, 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 “testament” is now seldom used, except in the heading of a formal will, which usually begins: “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, according to Justinian, from testatto mentis; but the better opinion is that it is a simple word formed from the Latin testor, and not a compound 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 requires in other cases. St. 1 Vict c. 26,

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