Testament

4 definitions found

From The Collaborative International Dictionary of English v.0.48 [gcide]:

  Testament \Tes"ta*ment\, n. [F., fr. L. testamentum, fr. testari
     to be a witness, to make one's last will, akin to testis a
     witness. Cf. {Intestate}, {Testify}.]
     1. (Law) A solemn, authentic instrument in writing, by which
        a person declares his will as to disposal of his estate
        and effects after his death.


        [1913 Webster]
  
     Note: This is otherwise called a will, and sometimes a last
           will and testament. A testament, to be valid, must be
           made by a person of sound mind; and it must be executed
           and published in due form of law. A man, in certain
           cases, may make a valid will by word of mouth only. See
           {Nuncupative will}, under {Nuncupative}.
           [1913 Webster]
  
     2. One of the two distinct revelations of God's purposes
        toward man; a covenant; also, one of the two general
        divisions of the canonical books of the sacred Scriptures,
        in which the covenants are respectively revealed; as, the
        Old Testament; the New Testament; -- often limited, in
        colloquial language, to the latter.
        [1913 Webster]
  
              He is the mediator of the new testament . . . for
              the redemption of the transgressions that were under
              the first testament.                  --Heb. ix. 15.
        [1913 Webster]
  
     {Holographic testament}, a testament written wholly by the
        testator himself. --Bouvier.
        [1913 Webster]

From WordNet (r) 2.0 [wn]:

  testament
       n 1: a profession of belief; "he stated his political testament"
       2: a legal document declaring a person's wishes regarding the
          disposal of their property when they die [syn: {will}]
       3: strong evidence for something; "his easy victory was a
          testament to his skill"
       4: either of the two main parts of the Christian Bible

From Easton's 1897 Bible Dictionary [easton]:

  Testament
     occurs twelve times in the New Testament (Heb. 9:15, etc.) as
     the rendering of the Gr. diatheke, which is twenty times
     rendered "covenant" in the Authorized Version, and always so in
     the Revised Version. The Vulgate translates incorrectly by
     testamentum, whence the names "Old" and "New Testament," by
     which we now designate the two sections into which the Bible is
     divided. (See {BIBLE}.)
     

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  TESTAMENT, civil law. The appointment of an executor or testamentary heir, 
  according to the formalities prescribed by law. Domat, Liv. 1, tit. 1, s. 1. 
       2. At first there were only two sorts of testaments among the Romans 
  that called calatis comitiis, and another called in procinctu. (See below.) 
  In the course of time these two sorts of testament having become obsolete, a 
  third form was introduced, called per aes et libram, which was a fictitious 
  sale of the inheritance to the heir apparent. The inconveniences which were 
  experienced from these fictitious sales again changed the form of 
  testaments; and the praetor introduced another which required the seal of 
  seven witnesses. The emperors having increased the solemnity of those 
  testaments, they were called written or solemn testaments, to distinguish 
  them from nuncupative testaments which could be made without writing. 
  Afterwards military testaments were introduced, in favor of soldiers 
  actually engaged in military service. 
       3. Among the civilians there are various kinds of testaments, the 
  principal of which are mentioned below. 
       4. A civil testament is one made according to all the forms prescribed 
  by law, in contradistinction to a military testament, in making which some 
  of the forms may be dispensed with. Civil testaments are more ancient than 
  military ones; the former were in use during the time of Romulus, the latter 
  were introduced during the time of Coriolanus. See Hist. de la Jurisp. Rom. 
  de M. Terrason, p. 119. 
       5. A common testament is one which is made jointly by several persons. 
  Such testaments are forbidden in Louisiana, Civ. Code of Lo. art. 1565, and 
  by the laws of France, Code Civ. 968, in the same words, namely, "A 
  testament cannot be made by the same act, by two or more persons, either for 
  the benefit of a third person, or under the title of a reciprocal or mutual 
  disposition." 
       6. A testament calatis comitiis, or made in the comitia, that is, the 
  assembly of the Roman people, was an ancient manner of making wills used in 
  times of peace among the Romans. The comitia met twice a year for this 
  purpose. Those who wished to make such testaments caused to be convoked the 
  assembly of the people by these words, calatis comitiis. None could make 
  such will's that were not entitled to be at the assemblies of the people. 
  This form of testament was repealed by the law of the Twelve Tables. 
       7. Testament ab irato, a term used in the civil law. A testament ab 
  irato, is one made in a gust of passion or hatred against the presumptive 
  heir rather than from a desire to benefit the devisee. When the facts of 
  unreasonable anger are proved, the will is annulled as unjust, and as not 
  having been freely made. Vide Ab irato. 
       8. A mystic testament is also called a solemn testament, because it 
  requires more formality than a nuncupative testament; it is a form of making 
  a will, which consists principally in enclosing it in an envelope and 
  sealing it in the presence of witnesses. 
       9. This kind of testament is used in Louisiana. The following are the 
  provisions of the civil code of that state on the subject, namely: the 
  mystic or secret testament, otherwise called the close testament, is made in 
  the following manner: the testator must, sign his dispositions, whether he 
  has written. them himself, or has caused them to be written by another 
  person. The paper containing, those dispositions, or the paper serving as 
  their envelope, must be closed and sealed. The testator shall present it 
  thus closed and sealed to the notary and to witnesses, or he shall cause it 
  to be and sealed in their presence; then he shall declare to the notary, in 
  the presence of the witnesses, that that paper contains his testament 
  written by himself, or by another by his direction, and signed by him, the 
  testator. The notary shall then draw up the act of superscription, which 
  shall be written on that paper, or on the sheet that serves as its envelope, 
  and that act shall be signed by the testator, and by the notary and the 
  witnesses. Art. 1577, 5 M. R. 1 82. All that is above prescribed shall be 
  done without interruption or turning aside to other acts; and in case the 
  testator, by reason of any hindrance that has happened since the signing of 
  the testament, cannot sign the act of superscription, mention shall be made 
  of the declaration made by him thereof; without its being necessary, in that 
  case, to increase the number of witnesses. Art. 1578. Those who know not 
  how, or are not able to write, and those who know not how, or are not able 
  to sign their names, cannot make dispositions in the form of the mystic 
  will. Art. 1579. If any one of the witnesses to the act of superscription 
  knows not how to sign, express mention shall be made thereof. In all cases 
  the act must be signed by at least two witnesses. Art. 1580. 
       10. Nuncupative, testament, a term used in the civil law. A nuncupative 
  testament was one made verbally, in the presence of seven witnesses; it was 
  not necessary that it should have been, in writing; the proof of it was by 
  parol evidence. 
       11. In Louisiana, testaments, whether nuncupative or mystic, must be 
  drawn up in writing, either by the testator himself, or by some other person 
  under his dictation. Civil Code of Lo. art. 1568. The custom of making 
  verbal statements, that is to say, resulting from the mere deposition of 
  witnesses, who were present when the testator made known to them his will, 
  without his having committed it, or caused it to be committed to writing, is 
  abrogated. Id. art. 1569. Nuncupative testaments may be made by public act, 
  or by act under private signature. Id. art. 1570. See Will, nuncupative. 
       12. Olographic testament, a term used in the civil law. The olographic 
  testament is that which is written wholly by the testator himself. In order 
  to be valid, it must be entirely written, dated, and signed by the hand of 
  the testator. It is subject to no other form. See Civil Code of Lo. art.