capacity, testamentary

capacity, testamentary
The mental ability necessary to write a proper will.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.

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  • testamentary capacity — n: the capacity in executing a will to understand the nature and extent of one s property and how one is disposing of it and to recognize the natural objects of one s bounty Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. testamentary …   Law dictionary

  • capacity — ca·pac·i·ty n pl ties 1: a qualification, power, or ability (as to give consent or make a testament) created by operation of law 2: an individual s ability or aptitude; esp: mental ability as it relates to responsibility for the commission of a… …   Law dictionary

  • testamentary — I adjective by way of a will, bequeathed by will, contained in a will, devised by will, distributed by will, given by testament, hereditary, patrimonial, set forth in a will, transferred by a legacy, transferred by bequest, transferred by devise… …   Law dictionary

  • testamentary — Pertaining to a will or testament; as testamentary causes. Derived from, founded on, or appointed by a testament or will; as a testamentary guardian, letters testamentary, etc. A paper, instrument, document, gift, appointment, etc., is said to be …   Black's law dictionary

  • capacity — Holding space, as the capacity of a ship or freight car; ability; legal competency; a person s ability to understand the nature and effect of the act in which he is engaged and the business which he is transacting. Tiger v Lozier, 124 Okla 260,… …   Ballentine's law dictionary

  • Testamentary — Tes ta*men ta*ry, a. [L. testamentarius: cf. F. testamentaire.] 1. Of or pertaining to a will, or testament; as, letters testamentary. [1913 Webster] 2. Bequeathed by will; given by testament. [1913 Webster] How many testamentary charities have… …   The Collaborative International Dictionary of English

  • Testamentary capacity — Wills, trusts and estates …   Wikipedia

  • testamentary capacity — The capacity to accomplish the purpose of making a valid will as determined objectively from the standpoint of the purpose. The capacity of a person making a will to know the natural objects of his bounty, to comprehend the kind and character of… …   Ballentine's law dictionary

  • testamentary power — The power to make a will existing under the law as a matter of privilege. Hamilton v Morgan, 93 Fla 311, 112 So 80. Convicts may have the capacity and yet be denied the power to make a will. 57 Am J1st Wills § 51. See testamentary capacity …   Ballentine's law dictionary

  • testamentary capacity — /tɛstəmɛntəri kəˈpæsəti/ (say testuhmentuhree kuh pasuhtee) noun Law capacity (def. 7) in relating to executing a will, as in being of sound mind, being free from undue pressure from any party, etc …  

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