Belonging to a testament; as a testamentary gift; a testamentary 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.
Law Dictionary – Alternative Legal Definition
Pertaining to a will or testament; as testamentary causes. Derived from, founded on, or appointed by a testament or will; as a testamentary guard-tan, letters testamentary, etc A paper, Instrument, document, gift, appointment 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 different character. Sweet. Letters testamentary. The formal instrument of authority and appointment given to an executor by the proper court, upon the admission 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. Testamentary causes. In English law. Causes or matters relating to the probate of wills, the granting of administrations, and the suing for legacies, of which the ecclesiastical courts have jurisdiction. 3 Bl. Comm. 95, 98. Testamentary causes are causes relating to the validity and execution of wills. The phrase is generally eonfined to those canses which were formerly matters of ecclesiastical jurisdiction, and are now dealt with by the court of probate. Mozley A 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. 383, 40 Atl. 466, 65 Am. St. Rep. 860. Testamentary guardian. A guardian appointed’ by the last will of a father for the person and real 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 succession. In Louisiana, that which results from the institution of an heir contained in a testament executed in theform prescribed by law. Civ. Code La. 1900, art. 876. Testamentary trustee. See TRUSTEE.