A person Is said to be testable 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.”

Testamenta cum duo inter se pngnanr tia rcperiuntur, ultimum ratum est; sie est, cum duo inter se pugnantia reperi- untur in eodem testamento. Co. Litt. 112. When two conflicting wills are found,

Pertaining to a will or testament: as testamentary causes. Derived from, founded on, or appointed by a testament or will: as a testamentary guardian, letters testamentary, etc. A paper, instrument, document, gift,

Lat In the civil law. The ceremony of making a testament, either as testator, heir, or witness.

Lat. In the civil law. A testament; a will, or last will. In old English law. A testament or will; a disposition of property made in con- templation of death. Bract, fol.

I.at. In the civil law. To testify; to attest; to declare, publish, or make known a thing before witnesses. To make a will. Calvin.

One who has made a will; one who dies leaving a will.

One who makes or has made a testament or will; one who dies leaving a will. This term is borrowed from the civil law. lust. 2, 14, 5, 6. Testatoris ultima voluntas

A woman who makes a will; a woman who dies leaving a will; a female testator.

In practice. A writ containing a testatum clause; such as a testatum capias, a testatum ft. fa., and a testatum ca. sa. See TESTATUM.

Lat. In the civil law. Testate; one who has made a will. Dig. 50, 17, 7.

Lat. In old English law and practice. A solemn formula of attestation by the sovereign, used at the conclusion of charters, and other public instruments, and also of original writs out of

In practice. The concluding clause, commencing with the word “Witness,” etc. A writ which bears the teste is sometimes said to be tested. “Teste” is a word commonly used in the last

To be tested is to bear the teste, (q. v.)

Lat Witnesses.

In conveyancing. That clause of a deed or instrument with which it concludes: “In witness whereof, the parties to these presents have hereunto set their hands and seals.”

Evidence of a witness; evidence given by a witness, under oath or affirmation; as distinguished from evidence derived from writings, and other sources. Testimony is not synonymous with evidence. It is but

evidence. Testimony is the evidence given by witnesses. Evidence is whatever may be given to the jury as tending to prove a case. It includes the testimony of witnesses, documents, admissions of

Lat. A witness; one who gives evidence in court, or who witnesses a docu- ment. Testis de visu praeponderat aliis. 4 Inst. 279. An eye-witness is preferred to others. Testis Inpanaris sufficit