Testation

Witness; evidence. TESTATOR (Lat.) One who has made a testament or will. TESTATORIS ULTIMA VOLUNTAS EST perimplenda secundum veram intentionem suam. The last will of a testator is to be fulfilled according to his real intention. Co. Litt. 322. TESTATRIX (Lat.) A woman who makes a will or testament. TESTATUM (Lat.) In Practice. The name of a writ which is issued by the court of one county to the sheriff of another county in the same state, when the defendant cannot be found in the county where the court is located; for example, after a judgment has been obtained, and a ca. sa. has been issued, which has been returned non est inventus, a testatum ca. sa. may be issued to the sheriff of the ' county where the defendant is. See Viner, Abr. "Testatum," 259. In conveyancing. That part of a deed which commences with the words "this indenture witnesseth." TESTATUS (Lat.)

In the civil law. Testate; one who has made a will. Testatus et intestatus, testate and intestate. Die. 50. 17. 7. tion by the sovereign, used at the conclusion of charters, and other public instruments, and also of original writs out of chancery. Spelman. TESTE OF A WRIT (Lat.)

In practice. The concluding clause, commencing with the word "witness," etc. A signature in attestation of the fact that a writ is issued by authority. The act of Congress of May 8, 1792 (1 Story, U. S. Laws, 227), directs that all writs and process issuing from the supreme or a circuit court shall bear teste of the chief justice of the supreme court, or, if that office be vacant, of the associate justice next in precedence; and that all writs or process issuing from a district court shall bear teste of the judge of such court, or, if the said office be vacant, of the clerk thereof. See Serg. Const. Law, Index; 20 Viner, Abr. 262; Steph. PI. 25.

Attestation, which see.

Witness; evidence.