Intestate

One who, having lawful power to make a will, has made none, or one which is defective in form. In that case, he is said to die intestate, and his estate descends to his heir at law. This term comes from the Latin intestatus. Formerly, it was used in France indiscriminately with deconfes; that is, without confession. It was regarded as a crime, on account of the omission of the deceased person to give something to the church, and was punished by privation of burial in consecrated ground. This omission, according to Floumel, Hist. des Avocats, vol.

1, p.

116, could be repaired by making an ampliative testament in the name of the deceased. Vely, tom.

6, p.

145; Henrion de Pansey, Autorite Judiciaire, 129, and note. See "Descent"; "Distribution"; "Will."