Testable

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 capacity to make a will must be distinguished from a special power to dispose of property by will. Thus, a power given to a married woman by a settlement to dispose of property by will does not make her testable. L. R. 7 H. L. 593. But if property is settled on a married woman for her separate use, she is testable so far as that property is concerned.

Having capacity to make -a will; also, capable of being given by will. 'Opposed, intestable. See Testis. I Depue* Place, 71a. 430 (1848). ' See 4 Bl.Gom. 59. •s Attorney-General v. Detroit Common Council, 68 Testacy. The condition, in law, of having made a valid will for the disposition of the maker's estate after death. Opposed, intestacy: dying without leaving a valid will. Testament. Written or oral instructions, properly "witnessed" and authenticated, according to the pleasure of the deceased, for the disposition of his effects. Styled his will by way of emphasis, i Originally, a "testament" concerned personalty only, and a " devise " or " will " realty. Later, the general expression for an instrument embracing either or both species of property was " last will and testament," or simply a " will." The terms are now interchanged.' A testament, according to both Justinian and Coke, was so called because it isa tesfafio mentis, a witnessing to one's intent. This derivation " savors too much of the conceit." It is, rather, a substantive from testari, to be a testis, a witness, to bear witness. The definition of the old Roman lawyers was: testamentum voluntatis nostroe justa sententia de eo quod quis post Tnortem suam fieri velit, a testament is the legal expression of one's will ag to what he after his death wishes done.' See Testamentcm, p. 1027. Testatnental. Pertaining to a testament or will. Testamentary. (1) Connected with, relating or belonging to, the making of a w Ul or of a will as made: as, testamentary capacity or power; a testamentary cause, gift, matter, purpose, use; a testamentary paper; letters testamentary. <3) Named, appointed, or created in or by one's will: as, a testamentary heir, guardian, trustee. Post-testamentary. Referring (1) to a child: born after its parent has made his last will; (2) to property: acquired after a will, or the last^will, was made. Testate. (1) Having made a valid will; leaving a will: as, he died testate. (2) Disposed of by will: as, testate property, or estates. Opposed, intestate: without leaving a will; not disposed of by will. Said of the fact, and descriptive of the person himself as distinguished from a " testator." Testator. Any person who makes a will; specifically a man, as distinguished from testatrix, a woman, who has made a will. 1 [2 Bl. Com. 12, 489, 499. One may die testate as to a part, and intestate as to the rest, of his property. See generally Inplhence; Inbanitv, 2 (5); Letter, 4; Representative (1); Will, S.