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."

Without a will. A person who dies, having made no will, or on6 which is defective in form. In that case, he is said to die intestate, and his estate descends to his heirs at law or next of kin. See Kohny v. Dunbar, 21 Idaho 258, 121 Pac. 644, 39 L. R. A. (N. S.) 1107, Ann. Cas. 1913D, 492. This term comes from the Latin inteatatua. Formerly, it was used in France Indiscriminately with de-confesae; 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 Fournel,' /fisf. dea Avocata, vol. 1, p. 116, could be repaired by making an amp Uative testament in the name of the deceased. See Vely, tom. 6, page 146; Henrion de Pansey, Autoriti judiciaire 129, and note. See Dio- SCENT AND DISTRIBUTION; WILL. The Roman horror of intestacy was equalled or surpassed among early Englishmen, the reason being the danger to the intestate’s soul if he died without having assigned a fitting part of his estate to pious uses. Pollock’s note to Maine’s Anc. L. 230.

Without making a will. A person is said to die intestate when he dies without making a will or dies without leaving anything to testify what his wishes were with respect to the disposal of his property after his death. The word is also often used to signify the person himself. Thus, in speaking of the property of a person who died intestate, it is common to say "the intestate's property;" i. e., the property of the person dying in an intestate condition. Brown. See In re Cameron's Estate, 47 App. Div. 120, 62 N. Y. Supp. 187; Messmann v. Egenberger, 46 App. Div. 46, 61 N. Y. Supp. 556; Code Civ. Proc. N. Y. 1889, § 2514, subd. 1. Besides the strict meaning of the word as above given, there is also a sense in which intestacy may be partial; that is, where a man leaves a will which does not dispose of his whole estate, he is said to "die intestate" as to the property so omitted.

— Intestate snccession. A succession is called "intestate" when the deceased has left no will, or when his will has been revoked or annulled as irregular. Therefore the heirs to whom a succession has fallen by the effects of law only are called "heirs ob intestato." Civ. Code In. art. 1096.

Without a will or a valid will. Quasi the executors of which

Without making a will, A person is said to dia intestate when he dies without making a will, or dies withouk leaving anything to testify what his wishes were with respect to the disposal of hig property after his death, The word is also often used to signify the person himself. Thus, in speaking of the property of a person who died intestate, it is common to say “the intestate’s property;” ¢. e., the property of the person dying in an intestate condition. Brown. Besides the strict meaning of the word as above given, there is also a sense in which intestacy may be partial; that is, where a moan jeaves a will which does not dispose of his whole estate, he is said to “die intestate” as to the property so omitted,

1, adj. Without a will; the status of a person who dies without having disposed of his property by means of a will, and the condition in which the property itself stands before the law: as, intestate — estate, property, laws. Opposed, testate. 2, n. A person who has died without leaving a valid will: as, an intestate, an intestate's estate or property, i Opposed, testator. Intestacy. Dying without a will; the state or condition of one who dies without having made a valid testamentary disposition of his property. Opposed, testacy. Intestable, Without capacity to make a valid will; also, incapable of transfer by will. Opposed, testable. See further Testacy; Distribution, 2; Descent.

A person deceased without