testamentary

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, 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.

See In re Murphy's Estate, 193 Wash. 400, 75 P.2d 916, 920.

@ 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

+ letters testamentary

The formal instrument of authority and appointment given to an executor by the proper court, empowering him to enter upon the discharge of his office as executor. It corresponds to letters of administration granted to an administrator

@ testamentary capacity

That measure of mental ability which is recognized in law as sufficient for the making of a will. A testator to have such capacity must have sufficient mind and memory to intelligently understand the nature of business in which he is engaged, to comprehend generally the nature and extent of property which constitutes his estate, and which he intends to dispose of, and to recollect the objects of his bounty. In re Lacy's Estate, Okl., 431 P.2d 366, 368.

See also capacity

@ testamentary character

Of the nature or pertaining to a disposition of property at death

@ testamentary class

Body of persons, uncertain in number at time of gift, ascertainable in future, and each taking in equal or in other definite proportions. A "testamentary class gift" is a gift to a group whose number at the time of the gift is uncertain but which will be ascertained at some future time when all who constitute the class will take an equal or other definite portion, the amount of the share of each being dependent upon the number that ultimately constitutes the class. Lux v. Lux, 109 R.I. 592, 288 A.2d 701, 705

@ testamentary disposition

The passing of property to another upon the death of the owner. A disposition of property by way of gift, will or deed which is not to take effect unless the grantor dies or until that event

@ testamentary guardian

A guardian appointed by the last will of parent for the person and real and personal estate of child until the latter arrives of full age. In re De Saulles, 101 Misc. 447, 167 N.Y.S. 445, 453

+ testamentary guardian

A testamentary guardian is one appointed by the deed or last will of the child's father or mother; while a guardian by election is one chosen by the infant in a case where he or she would otherwise be without one.

+ testamentary guardian

A guardian by statute or testamentary guardian is a guardian appointed for a child by the deed or last will of the father, and who has the custody both of his person and estate until the attainment of full age. This kind of guardianship is founded on the English statute of 12 Car. II, c. 24, and has been extensively adopted in this country. 1 Bl.Comm. 462.

@ testamentary intent

Requirement for a valid will that the testator must intend that the instrument presently operate as his or her last will and testament

@ testamentary paper

@ testamentary instrument

@ testamentary paper or instrument

testamentary paper or instrument

An instrument in the nature of a will; an unprobated will; a paper writing which is of the character of a will, though not formally such, and, if allowed as a testament, will have the effect of a will upon the devolution and distribution of property

@ testamentary power of appointment

A power of appointment that can be exercised only through the will (ie, upon the death) of the holder. Restatement, Property, No. 321(1).

See also power of appointment

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