Your Free Online Legal Dictionary • Featuring Black’s Law Dictionary, 2nd Ed.

TESTARI

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.

TESTATE

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

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. lust. 2, 14, 5, 6. Testatoris ultima voluntas

TESTATRIX

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

TESTATUM WRIT

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

TESTATUS

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

TESTE MEIFSO

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

TESTE OF A WRIT

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

TESTED

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

TESTIMONIUM CLAUSE

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.”

TESTIMONY

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

THEFT

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

TESTIS

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

TESTMOIGNE

An old law French term, denoting evidence or testimony or a witness. Testmoignes ne poent testifier le negative, mes l’affirmative. Witnesses cannot testify to a negative; they must testify to an affirmative.

TEXTUS BOFFENSIS

In old English law. The Rochester text. An ancient manuscript containing many of the Saxon laws, and the rights, customs, tenures, etc., of the church of Rochester, drawn up by Ernulph, bishop

THALWEG

Germ. A term used in topography to designate a line representing the deepest part of a continuous depression in the surface, such as a watercourse; hence the middle of the deepest part

THANAGE OF THE KING

A certain part of the king’s land or property, of which the ruler or governor was called “thane.” Cowell.

THANE

An Anglo-Saxon nobleman; an old title of honor, perhaps equivalent to “baron.” There were two orders of thanes,

THANELANDS

Such lands as were granted by charter of the Saxon kings to their thanes with all immunities, except from the trinoda neeessitas. Cowell.

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