| slovo | definícia |
stamen
(encz) | stamen,tyčinka n: [bot.] část květu Zdeněk Brož; Jirka Daněk |
Stamen
(gcide) | Stamen \Sta"men\ (st[=a]"m[e^]n), n.; pl. E. Stamens
(-m[e^]nz) (used only in the second sense); L. Stamina
(st[a^]m"[i^]*n[.a]) (in the first sense). [L. stamen the
warp, a thread, fiber, akin to Gr. sth`mwn the warp, fr.
'ista`nai to stand, akin to E. stand. See Stand, and cf.
Stamin, Stamina.]
1. A thread; especially, a warp thread.
[1913 Webster]
2. (pl. Stamens, rarely Stamina.) (Bot.) The male organ
of flowers for secreting and furnishing the pollen or
fecundating dust. It consists of the anther and filament.
[1913 Webster] |
stamen
(wn) | stamen
n 1: the male reproductive organ of a flower |
| | podobné slovo | definícia |
testament
(msas) | testament
- will |
testament
(msasasci) | testament
- will |
letters testamentary
(encz) | letters testamentary, n: |
new testament
(encz) | New Testament,Nový zákon |
old testament
(encz) | Old Testament,Starý zákon n: [jmén.] část Bible |
stamen
(encz) | stamen,tyčinka n: [bot.] část květu Zdeněk Brož; Jirka Daněk |
stamens
(encz) | stamens,tyčinky n: pl. [bot.] část květu Jirka Daněk |
testament
(encz) | testament,poslední vůle n: testament,závěť n: |
testamentary
(encz) | testamentary,testamentární adj: Zdeněk Brožtestamentary,závěťní adj: Zdeněk Brož |
testamentary trust
(encz) | testamentary trust, n: |
testaments
(encz) | testaments,závěti n: Zdeněk Brož |
testamentární
(czen) | testamentární,testamentaryadj: Zdeněk Brož |
Bustamente furnace
(gcide) | Furnace \Fur"nace\, n. [OE. fornais, forneis, OF. fornaise, F.
fournaise, from L. fornax; akin to furnus oven, and prob. to
E. forceps.]
1. An inclosed place in which heat is produced by the
combustion of fuel, as for reducing ores or melting
metals, for warming a house, for baking pottery, etc.; as,
an iron furnace; a hot-air furnace; a glass furnace; a
boiler furnace, etc.
[1913 Webster]
Note: Furnaces are classified as wind or air. furnaces when
the fire is urged only by the natural draught; as blast
furnaces, when the fire is urged by the injection
artificially of a forcible current of air; and as
reverberatory furnaces, when the flame, in passing to
the chimney, is thrown down by a low arched roof upon
the materials operated upon.
[1913 Webster]
2. A place or time of punishment, affiction, or great trial;
severe experience or discipline. --Deut. iv. 20.
[1913 Webster]
Bustamente furnace, a shaft furnace for roasting
quicksilver ores.
Furnace bridge, Same as Bridge wall. See Bridge, n., 5.
Furnace cadmiam or Furnace cadmia, the oxide of zinc
which accumulates in the chimneys of furnaces smelting
zinciferous ores. --Raymond.
Furnace hoist (Iron Manuf.), a lift for raising ore, coal,
etc., to the mouth of a blast furnace.
[1913 Webster] |
Derogatory clause in a testament
(gcide) | derogatory \de*rog"a*to*ry\, a.
Tending to derogate, or lessen in value; expressing a low
opinion; expressing derogation; detracting; injurious; --
with from, to, or unto.
Syn: belittling, depreciative, deprecatory, depreciatory,
derogatory, detractive, detracting, slighting,
pejorative, denigratory.
[1913 Webster]
Acts of Parliament derogatory from the power of
subsequent Parliaments bind not. --Blackstone.
[1913 Webster]
His language was severely censured by some of his
brother peers as derogatory to their other.
--Macaulay.
[1913 Webster]
Derogatory clause in a testament (Law), a sentence of
secret character inserted by the testator alone, of which
he reserves the knowledge to himself, with a condition
that no will he may make thereafter shall be valid, unless
this clause is inserted word for word; -- a precaution to
guard against later wills extorted by violence, or
obtained by suggestion.
[1913 Webster] |
Holographic testament
(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] |
Included stamens
(gcide) | Included \In*clud"ed\, a.
Inclosed; confined.
[1913 Webster]
Included stamens (Bot.), such as are shorter than the
floral envelopes, or are concealed within them.
[1913 Webster] |
Letters testamentary
(gcide) | Letter \Let"ter\, n. [OE. lettre, F. lettre, OF. letre, fr. L.
littera, litera, a letter; pl., an epistle, a writing,
literature, fr. linere, litum, to besmear, to spread or rub
over; because one of the earliest modes of writing was by
graving the characters upon tablets smeared over or covered
with wax. --Pliny, xiii. 11. See Liniment, and cf.
Literal.]
1. A mark or character used as the representative of a sound,
or of an articulation of the human organs of speech; a
first element of written language.
[1913 Webster]
And a superscription also was written over him in
letters of Greek, and Latin, and Hebrew. --Luke
xxiii. 38.
[1913 Webster]
2. A written or printed communication; a message expressed in
intelligible characters on something adapted to
conveyance, as paper, parchment, etc.; an epistle.
[1913 Webster]
The style of letters ought to be free, easy, and
natural. --Walsh.
[1913 Webster]
3. A writing; an inscription. [Obs.]
[1913 Webster]
None could expound what this letter meant.
--Chaucer.
[1913 Webster]
4. Verbal expression; literal statement or meaning; exact
signification or requirement.
[1913 Webster]
We must observe the letter of the law, without doing
violence to the reason of the law and the intention
of the lawgiver. --Jer. Taylor.
[1913 Webster]
I broke the letter of it to keep the sense.
--Tennyson.
[1913 Webster]
5. (Print.) A single type; type, collectively; a style of
type.
[1913 Webster]
Under these buildings . . . was the king's printing
house, and that famous letter so much esteemed.
--Evelyn.
[1913 Webster]
6. pl. Learning; erudition; as, a man of letters.
[1913 Webster]
7. pl. A letter; an epistle. [Obs.] --Chaucer.
[1913 Webster]
8. (Teleg.) A telegram longer than an ordinary message sent
at rates lower than the standard message rate in
consideration of its being sent and delivered subject to
priority in service of regular messages. Such telegrams
are called by the Western Union Company day letters, or
night letters according to the time of sending, and by
The Postal Telegraph Company day lettergrams, or {night
lettergrams}.
[Webster 1913 Suppl.]
Dead letter, Drop letter, etc. See under Dead, Drop,
etc.
Letter book, a book in which copies of letters are kept.
Letter box, a box for the reception of letters to be mailed
or delivered.
Letter carrier, a person who carries letters; a postman;
specif., an officer of the post office who carries letters
to the persons to whom they are addressed, and collects
letters to be mailed.
Letter cutter, one who engraves letters or letter punches.
Letter lock, a lock that can not be opened when fastened,
unless certain movable lettered rings or disks forming a
part of it are in such a position (indicated by a
particular combination of the letters) as to permit the
bolt to be withdrawn.
[1913 Webster]
A strange lock that opens with AMEN. --Beau. & Fl.
Letter paper, paper for writing letters on; especially, a
size of paper intermediate between note paper and
foolscap. See Paper.
Letter punch, a steel punch with a letter engraved on the
end, used in making the matrices for type.
Letters of administration (Law), the instrument by which an
administrator or administratrix is authorized to
administer the goods and estate of a deceased person.
Letter of attorney, Letter of credit, etc. See under
Attorney, Credit, etc.
Letter of license, a paper by which creditors extend a
debtor's time for paying his debts.
Letters close or Letters clause (Eng. Law.), letters or
writs directed to particular persons for particular
purposes, and hence closed or sealed on the outside; --
distinguished from letters patent. --Burrill.
Letters of orders (Eccl.), a document duly signed and
sealed, by which a bishop makes it known that he has
regularly ordained a certain person as priest, deacon,
etc.
Letters patent, Letters overt, or Letters open (Eng.
Law), a writing executed and sealed, by which power and
authority are granted to a person to do some act, or enjoy
some right; as, letters patent under the seal of England.
The common commercial patent is a derivative form of
such a right.
Letter-sheet envelope, a stamped sheet of letter paper
issued by the government, prepared to be folded and sealed
for transmission by mail without an envelope.
Letters testamentary (Law), an instrument granted by the
proper officer to an executor after probate of a will,
authorizing him to act as executor.
Letter writer.
(a) One who writes letters.
(b) A machine for copying letters.
(c) A book giving directions and forms for the writing of
letters.
[1913 Webster] |
New testament
(gcide) | New \New\ (n[=u]), a. [Compar. Newer (n[=u]"[~e]r); superl.
Newest.] [OE. OE. newe, AS. niwe, neowe; akin to D. nieuw,
OS. niwi, OHG. niuwi, G. neu, Icel. n[=y]r, Dan. & Sw. ny,
Goth. niujis, Lith. naujas, Russ. novuii, Ir. nua, nuadh,
Gael. nuadh, W. newydd, Armor. nevez, L. novus, Gr. ne`os,
Skr. nava, and prob. to E. now. [root]263. See Now, and cf.
Announce, Innovate, Neophyte, Novel.]
1. Having existed, or having been made, but a short time;
having originated or occured lately; having recently come
into existence, or into one's possession; not early or
long in being; of late origin; recent; fresh; modern; --
opposed to old, as, a new coat; a new house; a new book;
a new fashion. "Your new wife." --Chaucer.
[1913 Webster]
2. Not before seen or known, although existing before; lately
manifested; recently discovered; as, a new metal; a new
planet; new scenes.
[1913 Webster]
3. Newly beginning or recurring; starting anew; now
commencing; different from what has been; as, a new year;
a new course or direction.
[1913 Webster]
4. As if lately begun or made; having the state or quality of
original freshness; also, changed for the better;
renovated; unworn; untried; unspent; as, rest and travel
made him a new man.
[1913 Webster]
Steadfasty purposing to lead a new life. --Bk. of
Com. Prayer.
[1913 Webster]
Men after long emaciating diets, fat, and almost
new. --Bacon.
[1913 Webster]
5. Not of ancient extraction, or of a family of ancient
descent; not previously known or famous. --Addison.
[1913 Webster]
6. Not habituated; not familiar; unaccustomed.
[1913 Webster]
New to the plow, unpracticed in the trace. --Pope.
[1913 Webster]
7. Fresh from anything; newly come.
[1913 Webster]
New from her sickness to that northern air.
--Dryden.
[1913 Webster]
New birth. See under Birth.
New Church, or New Jerusalem Church, the church holding
the doctrines taught by Emanuel Swedenborg. See
Swedenborgian.
New heart (Theol.), a heart or character changed by the
power of God, so as to be governed by new and holy
motives.
New land, land cleared and cultivated for the first time.
New light. (Zool.) See Crappie.
New moon.
(a) The moon in its first quarter, or when it first
appears after being invisible.
(b) The day when the new moon is first seen; the first day
of the lunar month, which was a holy day among the
Jews. --2 Kings iv. 23.
New Red Sandstone (Geol.), an old name for the formation
immediately above the coal measures or strata, now divided
into the Permian and Trias. See Sandstone.
New style. See Style.
New testament. See under Testament.
New world, the land of the Western Hemisphere; -- so called
because not known to the inhabitants of the Eastern
Hemisphere until recent times.
[1913 Webster]
Syn: Novel; recent; fresh; modern. See Novel.
[1913 Webster] |
Nuncupative testament
(gcide) | Nuncupative \Nun*cu"pa*tive\, a. [L. nuncupativus nominal: cf.
F. nuncupatif.]
1. Publicly or solemnly declaratory. [Obs.]
[1913 Webster]
2. Nominal; existing only in name. [Obs.]
[1913 Webster]
3. Oral; not written.
[1913 Webster]
Nuncupative will or Nuncupative testament, a will or
testament made by word of mouth only, before witnesses, as
by a soldier or seaman, and depending on oral testimony
for proof. --Blackstone.
[1913 Webster] |
Old Testament
(gcide) | Old \Old\, a. [Compar. Older; superl. Oldest.] [OE. old,
ald, AS. ald, eald; akin to D. oud, OS. ald, OFries. ald,
old, G. alt, Goth. alpeis, and also to Goth. alan to grow up,
Icel. ala to bear, produce, bring up, L. alere to nourish.
Cf. Adult, Alderman, Aliment, Auld, Elder.]
[1913 Webster]
1. Not young; advanced far in years or life; having lived
till toward the end of the ordinary term of living; as, an
old man; an old age; an old horse; an old tree.
[1913 Webster]
Let not old age disgrace my high desire. --Sir P.
Sidney.
[1913 Webster]
The melancholy news that we grow old. --Young.
[1913 Webster]
2. Not new or fresh; not recently made or produced; having
existed for a long time; as, old wine; an old friendship.
"An old acquaintance." --Camden.
[1913 Webster]
3. Formerly existing; ancient; not modern; preceding;
original; as, an old law; an old custom; an old promise.
"The old schools of Greece." --Milton. "The character of
the old Ligurians." --Addison.
[1913 Webster]
4. Continued in life; advanced in the course of existence;
having (a certain) length of existence; -- designating the
age of a person or thing; as, an infant a few hours old; a
cathedral centuries old.
[1913 Webster]
And Pharaoh said unto Jacob, How old art thou?
--Cen. xlvii.
8.
[1913 Webster]
Note: In this use old regularly follows the noun that
designates the age; as, she was eight years old.
[1913 Webster]
5. Long practiced; hence, skilled; experienced; cunning; as,
an old offender; old in vice.
[1913 Webster]
Vane, young in years, but in sage counsel old.
--Milton.
[1913 Webster]
6. Long cultivated; as, an old farm; old land, as opposed to
new land, that is, to land lately cleared.
[1913 Webster]
7. Worn out; weakened or exhausted by use; past usefulness;
as, old shoes; old clothes.
[1913 Webster]
8. More than enough; abundant. [Obs.]
[1913 Webster]
If a man were porter of hell gate, he should have
old turning the key. --Shak.
[1913 Webster]
9. Aged; antiquated; hence, wanting in the mental vigor or
other qualities belonging to youth; -- used disparagingly
as a term of reproach.
[1913 Webster]
10. Old-fashioned; wonted; customary; as of old; as, the good
old times; hence, colloquially, gay; jolly.
[1913 Webster]
11. Used colloquially as a term of cordiality and
familiarity. "Go thy ways, old lad." --Shak.
[1913 Webster]
Old age, advanced years; the latter period of life.
Old bachelor. See Bachelor, 1.
Old Catholics. See under Catholic.
Old English. See under English. n., 2.
Old Nick, Old Scratch, the devil.
Old lady (Zool.), a large European noctuid moth ({Mormo
maura}).
Old maid.
(a) A woman, somewhat advanced in years, who has never
been married; a spinster.
(b) (Bot.) A West Indian name for the pink-flowered
periwinkle (Vinca rosea).
(c) A simple game of cards, played by matching them. The
person with whom the odd card is left is the old
maid.
Old man's beard. (Bot.)
(a) The traveler's joy (Clematis Vitalba). So named
from the abundant long feathery awns of its fruit.
(b) The Tillandsia usneoides. See Tillandsia.
Old man's head (Bot.), a columnar cactus ({Pilocereus
senilis}), native of Mexico, covered towards the top with
long white hairs.
Old red sandstone (Geol.), a series of red sandstone rocks
situated below the rocks of the Carboniferous age and
comprising various strata of siliceous sandstones and
conglomerates. See Sandstone, and the Chart of
Geology.
Old school, a school or party belonging to a former time,
or preserving the character, manner, or opinions of a
former time; as, a gentleman of the old school; -- used
also adjectively; as, Old-School Presbyterians.
Old sledge, an old and well-known game of cards, called
also all fours, and high, low, Jack, and the game.
Old squaw (Zool.), a duck (Clangula hyemalis) inhabiting
the northern parts of both hemispheres. The adult male is
varied with black and white and is remarkable for the
length of its tail. Called also longtailed duck, {south
southerly}, callow, hareld, and old wife.
Old style. (Chron.) See the Note under Style.
Old Testament. See Old Testament under Testament, and
see tanak.
Old wife. [In the senses
b and
c written also oldwife.]
(a) A prating old woman; a gossip.
Refuse profane and old wives' fables. --1 Tim.
iv. 7.
(b) (Zool.) The local name of various fishes, as the
European black sea bream (Cantharus lineatus), the
American alewife, etc.
(c) (Zool.) A duck; the old squaw.
Old World, the Eastern Hemisphere.
[1913 Webster]
Syn: Aged; ancient; pristine; primitive; antique; antiquated;
old-fashioned; obsolete. See Ancient.
[1913 Webster] |
Rhemish Testament
(gcide) | Rhemish \Rhemish\, a.
Of or pertaining to Rheimis, or Reima, in France.
[1913 Webster]
Rhemish Testament, the English version of the New Testament
used by Roman Catholics. See Douay Bible.
[1913 Webster] |
Stamened
(gcide) | Stamened \Sta"mened\ (-m[e^]nd), a.
Furnished with stamens.
[1913 Webster] |
Stamens
(gcide) | Stamen \Sta"men\ (st[=a]"m[e^]n), n.; pl. E. Stamens
(-m[e^]nz) (used only in the second sense); L. Stamina
(st[a^]m"[i^]*n[.a]) (in the first sense). [L. stamen the
warp, a thread, fiber, akin to Gr. sth`mwn the warp, fr.
'ista`nai to stand, akin to E. stand. See Stand, and cf.
Stamin, Stamina.]
1. A thread; especially, a warp thread.
[1913 Webster]
2. (pl. Stamens, rarely Stamina.) (Bot.) The male organ
of flowers for secreting and furnishing the pollen or
fecundating dust. It consists of the anther and filament.
[1913 Webster] |
Testament
(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] |
Testamental
(gcide) | Testamental \Tes`ta*men"tal\, a. [L. testamentalis.]
Of or pertaining to a testament; testamentary.
[1913 Webster]
Thy testamental cup I take,
And thus remember thee. --J.
Montgomery.
[1913 Webster] |
Testamentary
(gcide) | 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 been defeated
by the negligence or fraud of executors!
--Atterbury.
[1913 Webster]
3. Done, appointed by, or founded on, a testament, or will;
as, a testamentary guardian of a minor, who may be
appointed by the will of a father to act in that capacity
until the child becomes of age.
[1913 Webster] |
Testamentation
(gcide) | Testamentation \Tes`ta*men*ta"tion\, n.
The act or power of giving by testament, or will. [R.]
--Burke.
[1913 Webster] |
Testamentize
(gcide) | Testamentize \Tes"ta*men*tize\, v. i.
To make a will. [Obs.] --Fuller.
[1913 Webster] |
letters testamentary
(wn) | letters testamentary
n 1: a legal document from a probate court or court officer
informing you of your appointment as executor of a will and
empowering you to discharge those responsibilities |
new testament
(wn) | New Testament
n 1: the collection of books of the Gospels, Acts of the
Apostles, the Pauline and other epistles, and Revelation;
composed soon after Christ's death; the second half of the
Christian Bible |
old testament
(wn) | Old Testament
n 1: the collection of books comprising the sacred scripture of
the Hebrews and recording their history as the chosen
people; the first half of the Christian Bible |
stamen
(wn) | stamen
n 1: the male reproductive organ of a flower |
testament
(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,
testament]
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 |
testamentary
(wn) | testamentary
adj 1: of or relating to a will or testament or bequeathed by a
will or testament |
testamentary trust
(wn) | testamentary trust
n 1: a trust that is created under a will and that becomes
active after the grantor dies |
new testament
(foldoc) | New Testament
[C programmers] The second edition of K&R's "The C
Programming Language" (Prentice-Hall, 1988; ISBN
0-13-110362-8), describing ANSI C.
[Jargon File]
|
old testament
(foldoc) | Old Testament
[C programmers] The first edition of K&R, the
sacred text describing Classic C.
[Jargon File]
|
new testament
(jargon) | New Testament
n.
[C programmers] The second edition of K&R's The C Programming Language
(Prentice-Hall, 1988; ISBN 0-13-110362-8), describing ANSI Standard C. See
K&R; this version is also called ‘K&R2’.
|
old testament
(jargon) | Old Testament
n.
[C programmers] The first edition of K&R, the sacred text describing {
Classic C}.
|
CUM TESTAMENTO ANNEXO
(bouvier) | CUM TESTAMENTO ANNEXO. With the testament or will annexed. It often happens
that the deceased, although he makes a will, appoints no executor, or else
the appointment fails; in either of which events he is said to die quasi
intestatus. 2 Inst. 397. The appointment of an executor fails, 1st. When the
person appointed refuses to act. 2d. When the person appointed dies before
the testator, or before he has proved the will, or when, from any other
legal cause, he is incapable of acting. 3d. When the executor dies
intestate, (and in some places, as in Pennsylvania, whether he die testate
or intestate,) after having proved the will, but before he has administered
all the personal estate of the deceased. In all these cases, as well as when
no executor has been appointed, administration, with the will annexed, must
be granted by the proper officer. In the case where the goods are, not all
administered before the death of the executor, the administration is also
called an administration de bonis non.
2. The office of such an an administrator differs little from that of
an executor. Vide Com. Dig. Administration; Will. Ex. p. 1, b. 5, c. 3, s.
1; 2 Bl. Com. 504-5; 11 Vin. Ab. 78; Toll. 92 Gord. Law of Deced. 98.
|
LETTERS TESTAMENTARY
(bouvier) | LETTERS TESTAMENTARY, AND OF ADMINISTRATION. It is proposed to consider, 1.
Their different kinds. 2. Their effect.
2.-1. Their different kinds. 1. Letters testamentary. This is an
instrument in writing, granted by the judge or officer having jurisdiction
of the probate of wills, under his hand and official seal, making known that
on the day of the date of the said letters, the last will of the testator,
(naming him,) was duly proved before him; that the testator left goods, &c.,
by reason, whereof, and the probate of the said will, he certifies "that
administration of all and singular, the goods, chattels, rights and credits
of the said deceased, any way concerning his last will and testament, was
committed to the executor, (naming him,) in the said testament named." 2.
Letters of administration may be described to be an instrument in writing,
granted by the judge or officer having jurisdiction and power of granting
such letters, thereby giving the administrator, (naming him,)," full power
to administer the goods, chattels, rights and credits, which were of the
said deceased, in the county or, district in which the said judge or officer
has jurisdiction; as also to ask, collect, levy, recover and receive the
credits whatsoever, of the said deceased, which at the time of his death
were owing, or did in any way belong to him, and to pay the debts in which
the said deceased stood obliged, so far forth as the said goods and
chattels, rights and credits will extend, according, to the rate and order
of law." 3. Letters of administration pendente lite, are letters granted
during the pendency of a suit in relation to a paper purporting to be the
last will and testament of the deceased. 4. Letters of administration de
bonis non, are granted, where the former executor or administrator did not
administer all the personal estate of the deceased, and where he is dead or
has been discharged or dismissed. Letters of administration, durante minori
aetate, are granted where the testator, by his will, appoints an infant
executor, who is incapable of acting on account of his infancy. Such letters
remain in force until the infant arrives at an age to take upon himself the
execution of the will. Com. Dig. Administration, F; Off. Ex. 215, 216. And
see 6 Rep. 67, b; 5 Rep. 29, a; 11 Vin. Abr. 103; Bac. Ab. h.t. 6. Letters
of administration durante absentia, are granted when the executor happens to
be absent at the time when the testator died, and it is necessary that some
person should act immediately in the management of the affairs of the
estate.
3.-2. Of their effect. 1. Generally. 2. Of their effect in the
different states, when granted out of the state in which legal proceedings
are instituted.
4.-1. Letters testamentary are conclusive as to personal property,
while they remain unrevoked; as to realty they are merely prima facie
evidence of right. 3 Binn. 498; Gilb. Ev. 66;. 6 Binn. 409; Bac. Abr.
Evidence, F. See 2 Binn. 511. Proof that the testator was insane, or that
the will was forged, is inadmissible. 16 Mass. 433; 1 Lev. 236. But if the
nature of his plea allow the defendant to enter into such proof, he may show
that the seal of the supposed probate has been forged, or that the letters
have been obtained by surprise; 1 Lev. 136; or been revoked; 15 Serg. &
Rawle, 42; or that the testator is alive. 15 Serg. & Rawle, 42; 3 T. R. 130.
5.-2. The effect of letters testamentary, and of administration
granted, in some one of the United States, is different in different states.
A brief view of the law on this subject will here be given, taking the
states in alphabetical order.
6. Alabama. Administrators may sue upon letters of administration
granted in another state, where the intestate had no known place of
residence in Alabama at the time of his death, and no representative has
been appointed in the state; but before rendition of the judgment, he must
produce to the court his letters of administration, authenticated according
to the laws of the United States, and the certificate of the clerk of some
county court in this state, that the letters have been recorded in his
office. Before he is entitled to the money on the judgment, he must also
give bond, payable to the judge of the court where the judgment is rendered,
for the faithful administration of the money received. Aiken's Dig. 183
Toulm. Dig. 342.
7. Arkansas. When the deceased had no residence in Arkansas, and he
devised lands by will, or where the intestate died possessed of lands,
letters testamentary or of administration shall be granted in the county
where the lands lie, or of one of them, if they lie in several counties; and
if the deceased had no such place of residence and no lands, such letters
may be granted in the county in which the testator or intestate died, or
where the greater part of his estate may be. Rev. Stat. c. s. 2.
8. Connecticut. Letters testamentary issued in another state, are not
available in this. 3 Day 303. Nor are letters of administration. 3 Day, 74;
and see 2 Root, 462.
9. Delaware. By the act of 1721, 1 State Laws, 82, it is declared in
substance, that when any person shall die, leaving bona notabilia, in
several counties in the state and in Pennsylvania or elsewhere; and, any
person not residing in the state, obtains letters of administration out of
the state, the deceased being indebted to any of the inhabitants of the
state, for a debt contracted within the same to the value of 20, then, and
in such case, such administrator, before he can obtain any judgment in any
court of record within the state against any inhabitant thereof, by virtue
of such letters of administration, is obliged to file them with some of the
registers in this state; and must enter into bonds with sufficient sureties,
who have visible estates here, with condition to pay and satisfy all such
debts as were owing by the intestate at the time of his death to any person
residing in this state, so far as the effects of the deceased in this state
will extend. By the act of June 16, 1769, 1 State Laws, 448, it is enacted
in substance that any will in writing made by a person residing out of the
state, whereby any lands within the state are devised, which shall be proved
in the chancery in England, Scotland, Ireland, or any colony, plantation, or
island in America, belonging to the king of Great Britain, or in the
hustings, or mayor's court, in London, or in some manor court, or before
such persons as have power or authority at the time of proving such wills,
in the places aforesaid, to take probates of wills, shall be good and
available in law for granting the lands devised, as well as of the goods and
chattels bequeathed by such will. The copies of such will, and of the bill,
answer, depositions and decree, where proved in any court of chancery, or
copies of such wills and the probate thereof, where proved in any other
court, or in any office as aforesaid, being transmitted to this state, and
produced under the public or common-seal of the court or office where the
probate is taken, or under the great seal of the kingdom, colony, plantation
or island, within which such will is proved (except copies of such wills and
probates as shall appear to be revoked), are declared to be matter of
record, and to be good evidence in an any court of law or equity in this
state, to prove the gift or devise made in such will; and such probates are
declared to be sufficient to enable executors to bring their actions within
any court within this state, as if the same probates or letters testamentary
were granted here, and produced under the seal of any of the registers
offices within this state. By the 3d section of the act, it is declared that
the copies of such wills and probates so produced, and given in evidence,
shall not be returned by the court to the persons producing them, but shall
be recorded in the office of the recorder of the county where the same are
given in evidence, at the expense of the party producing the same.
10. Florida. Copies of all wills, and letters testamentary and of
administration, heretofore recorded in any public office of record in the
state, when duly certified by the keeper of said records, shall be received
in evidence in all courts of record in this state and the probate of wills
granted in any of the United States or of the territories thereof, in any
foreign country or state, duly authenticated and certified according to the
laws of the state or territory, or of the foreign country or state, where
such probate may have been granted, shall likewise be received in evidence
in all courts of record in this state.
11. Georgia. To enable executors and administrators to sue in Georgia,
the former must take out letters testamentary in the county where the
property or debt is; and administrators, letters of administration. Prince's
Dig. 238; Act of 1805, 2 Laws of Geo. 268.
12. Illinois. Letters testamentary must be taken out in this state, and
when the will is to be proved, the original must be produced; administrators
of other states must take out letters in Illinois, before they can maintain
an action in the courts of the state. 3 Grif. Reg. 419.
13. Indiana. Executors and administrators appointed in another state may
maintain actions and suits and do all other acts coming within their powers,
as such, within this state, upon producing authenticated copies of such
letters and filing them with the clerk of the court in which such suits are
to be brought. Rev. Code, c. 24, Feb. 17, 1838, sec. 44.
14. Kentucky executors and administrators appointed in other states may
sue in Kentucky "upon filing with the clerk of the court where the suit is
brought, an authenticated copy of the certificate of probate, or orders
granting letters of administration of said estate, given in such non-
resident's state." 1 Dig. Stat. 536; 2 Litt. 194; 3 Litt. 182.
15. Louisiana. Executors or administrators of other states must take out
letters of curatorship in this state. Exemplifications of wills, and
testaments are evidence. 4 Griff. L. R. 683; 8 N. S. 586.
16. Maine. Letters of administration must be taken from some court of
probate in this state. Copies of wills which have been proved in a court of
probate in any of the United States, or in a court of probate of any other
state or kingdom, with a copy of the probate thereof, under the seal of the
court where such wills have been proved, may be filed and recorded in any
probate court in this state, which recording shall be of the same force as
the recording and proving the original will. Rev. Stat. T. 9, c. 107 Sec.
20; 3 Mass, 514; 9 Mass. 337; 11 Mass. 256; 1 Pick. 80; 3 Pick. 128.
17. Maryland. Letters testamentary or of administration granted out of
Maryland have no effect in this state, except only such letters issued in
the District of Columbia, and letters granted there authorize executors or
administrators to claim and sue in this state. Act of April 1813, chap. 165.
By the act of 1839, chap. 41, when non-resident owners of any public or
state of Maryland stocks, or stocks of the city of Baltimore, or any other
corporation in this state die, their executors or administrators constituted
under the authority of the state, district, territory or country, where the
deceased resided at his death, have the same power as to such stocks, as if
they were appointed by authority of the state of Maryland. But, before they
can transfer the stocks, they must, during three months, give notice to two
newspapers published in Baltimore, of the death of the testator or
intestate, and of the "amount and description of the stock designed to be
transferred." Administration must be granted in this state, in order to
recover a debt due here to a decedent, or any of his property, with the
exceptions above noticed.
18. Massachusetts. When any person shall die intestate in any other
state or country, leaving estate to be administered within this state,
administration thereof shall be granted by the judge of probate of any
county, in which there is any estate to be administered; and the
administration, which shall be first lawfully granted shall extend to all
the estate of the deceased within the state, and shall exclude the
jurisdiction of the probate court in every other county. Rev. Stat., ch. 64,
s. 3. See 3 Mass. 514; 5 Mass. 67; 11 Mass. 256 Id. 314; 1 Pick. 81.
19. Michigan. Letters testamentary or letters of administration granted
out of the state are not of any validity in it. In order to collect the
debts or to obtain the property a deceased person who was not a resident of
the state, it is requisite to take out letters testamentary or letters of
administration from a probate court of this stafe, within whose jurisdiction
the property lies, which letters operate over all the state, and then sue in
the name of the executor or administrator so appointed. Rev. Stat. 280. When
the deceased leaves a will executed according to the laws of this state, and
the same is admitted to proof and record where he dies, a certified
transcript of the will and probate thereof, may be proved and recorded in
any county in this state, where the deceased has property real or personal,
and letters testamentary may issue thereon. Rev. Stat. 272, 273.
2O. Mississippi. Executors or administrators in another state or
territory cannot as such, sue nor be sued in this state. In order to recover
a debt due to a deceased person or his property, there must be taken out in
the state, letters of administration or letters with the will annexed, as
the case may be. These may be taken out from the probate court of the
county where the proprty is situated, by a foreign as well as a local
creditor, or any person interested in the estate of the deceased, if
properly qualified in other respects. Walker's R. 211.
21. Missouri. Letters testamentary or of administration granted in
another state have no validity in this; to maintain a suit, the executors or
administrators must be appointed under the laws of this state. Rev. Code,
Sec. 2, pt 41.
22. New Hampshire. One who has obtained letters of administrition;
Adams' Rep. 193, or letters testamentary under the authority of another
state, cannot maintain an action in New Hampshire by virtue of such letters.
3 Griff. L. R. 41.
23. New Jersey. Executors having letter testamentary, and administrators
letters of administration granted in another state, cannot sue thereon in
New Jersey, but must obtain such letters in that state as the law
prescribes. 4 Griff. L R. 1240. By the act of March 6, 1828, Harr. Comp.
195, when a will has been admitted to probate in any state or territory of
the United States, or foreign nation, the surrogate of any county or this
state is authorized, on application of the executor or any person interested,
on filing a duly exemplified copy of the will, to appoint a time not less
than thirty days, and not more than six-months distant, of which notice is
to be given as he shall direct, and if at such time, no sufficient reason be
shown to the contrary, to a omit such will to probate, and grant letters
testamentary or of administration cum testamento annexo, which shall have
the same effect as though the original will had been produced and proved
under form. If the person to whom such letters testamentary or of
administration be granted, is not a resident of this state, he is required
to give security for the faithful administration of the estate. By the
statute passed February 28, 1838, Elmer's Dig. 602, no instrument of writing
can be admitted to probate under the preceding act unless it be signed and
published by the testator as his will. See Saxton's Ch. R. 332.
24. New York. An executor or administrator appointed in another state
has no authority to sue in New York. 6 John. Ch. Rep. 353; 7 John. Ch. Rep.
45; 1 Johns. Ch. Rep. 153. Whenever an intestate, not being an inhabitant of
this state, shall die out of the state, leaving assets in several counties,
or assets shall after his death come in several counties, the surrogate of
any county in which assets shall be, shall have power to grant letters of
administration on the estate of such intestate; but the surrogate, who shall
first grant letters of administration on such estate, shall be deemed
thereby to have acquired sole and exclusive jurisdiction over such estate,
and shall be vested with the powers incidental thereto. Rev. Stat. part 2,
c. 6. tit. 2, art. 2, s. 24; 1 R. L. 455 Sec. 3; Laws, of 1823, p. 62, s. 2,
1824, p. 332.
25. North Carolina. It was decided by the court of conference, then the
highest tribunal in North Carolina, that letters granted in Georgia were
insufficient. Conf. Rep. 68. But the supreme court have since held that
letters testamentary granted in South Carolina, were sufficient to enable an
executor to sue in North Carolina. 1 Car. Law Repos. 471. See 1 Heyw. 364.
26. By the revised statutes, ch. 46, s. 6, it is provided, that "where a
testator or testatrix shall appoint any person, residing out of this state,
executor or executrix of his or her last will and testament, it shall be the
duty of the court of pleas and quarter sessions, before which the said will
shall be offered for probate, to cause the executor or executrix named
therein, to enter into bond with good and sufficient security for his or her
faithful administration of the estate of the said testator or testatrix and
for the distribution thereof in the manner prescribed by law; the penalty of
said bond shall be double the supposed amount of the personal estate of the
said testator or testatrix; and until the said executor or executrix shall
enter into such bond, he or she shall have no power nor authority to
intermeddle with the estate of the said testator or testatrix; and the court
of the county in which the testator or testatrix had his or her last usual
place of residence, shall proceed to, grant letters of administration with
the will annexed, which shall continue in force until the said executor or
executrix shall enter into bond as aforesaid. Provided nevertheless, and it
is hereby declared, that the said executor or executrix shall enter into
bond as by this act directed within the space of one year after the death of
the said testator, or testatrix, and not afterwards."
27. Ohio. Executors and administrators appointed under the authority of
another state, may, by virtue of such appointment, sue in this. Ohio Stat.
vol. 38, p. 146; Act. of March 23, 1840, which, went into effect the first
day of November following; Swan's Coll. 184.
28. Pennsylvania. Letters testamentary or of administration, or
otherwise purporting to authorize any person to intermeddle with the estate
of a decedent, granted out of the commonwealth, do not in general confer on
any such person any of the powers, and authorities possessed by an executor
or administrator, under letters granted within the state. Act of March 15,
1832 s. 6. But by the act of April 14, 1835, s. 3, this rule is declared not
to apply to any public debt or loan of this commonwealth; but such public
debt or loan shall pass and be transferable, and the dividends thereon
accrued and to accrue, be receivable in like manner and in all respects and
under the same and no other regulations, powers and authorities as were used
and practiced before the passage of the above mentioned act. And the act of
June 16, 1836, s. 3, declares that the above act of March 15, 1832, s. 6,
shall not apply to shares of stock in any bank or other incorporated
company, within this commonwealth, but such shares of stock shall pass and
be transferable, and the dividends thereon accrued and to accrue, be
receivable in like manner in all respects, and under the same regulations,
powers and authorities as were used and practiced with the loans or public
debts of the United States and were used and practiced with the loans or
public debt of this commonwealth, before the passage of the, said act of
March 15, 1832, s. 6, unless the by-laws, rules and regulations of any such
bank or corporation, shall, otherwise provide and declare. Executors and
administrators who had been lawfully appointed in some other of the United
States, might, by virtue of their letters duly authenticated by the proper
officer, have sued in this state. 4 Dall. 492; S. C. 1 Binn. 63. But letters
of administration granted by the archbishop of York, in England, give no
authority to the administrator in Pennsylvania. 1 Dall. 456.
29. Rhode Island. It does not appear to be settled whether executors and
administrators appointed in another state, may, by virtue of such
appointment, sue in this. 3 Griff. L. R. 107, 8.
30. South Carolina. Executors and administrators of other states,
cannot, as such, sue in South Carolina; they must take out letters in the
state. 3 Griff. L. R. 848.
31. Tennessee. 1. Where any person or persons may obtain, administration
on the estate of any intestate, in any one of the United States, or
territory thereof, such person or persons shall be enabled to prosecute
suits in any court in this state, in the same manner as if administration
had been granted to such person or persons by any court in the state of
Tennessee. Provided, that such person or persons shall, produce a copy of
the letters of administration, authenticated in the manner which has been
prescribed by the congress of the United States, for authenticating the
records or judicial acts of any one state, in order to give them validity in
any other state and that such letters of administration had been granted in
pursuance of, and agreeable to the laws of the state or territory in which
such letters of administration were granted.
32.-2. When any executor or executors may prove the last will and
testament of any deceased person, and take on him or themselves the
execution of said will in any state in the United States, or in any
territory thereof, such person or persons shall be enabled to prosecute
suits in any court in this state, in the same manner as if letters
testamentary had been granted to him or them, by any court within the state
of Tennessee. Provided, That such executor or executors shall, produce a
certified copy of the letters testamentary under the hand and seal of the
clerk of the court where the same were obtained, and a certificate by the
chief justice, presiding judge, or chairman of such court, that the clerk's
certificate is in due form, and that such letters testamentary had been
granted in pursuance of, and agreeable to, the laws of the state or
territory in which such letters testamentary were granted. Act of 1839,
Carr. & Nich. Comp. 78.
33. Vermont. If the deceased person shall, at the time of his death,
reside in any other state or country, leaving estate to be administered in
this state, administration thereof shall be granted by the probate court of
the district in which there shall be estate to administer; and the
administration first legally granted, shall extend to all the estate of the
deceased in this state, and shall exclude the jurisdiction of the probate
court of every other district. Rev. Stat. tit. 12, c. 47, s. 2.
34. Virginia. Authenticated copies of wills, proved according to the
laws of any of the United States, or of any foreign country, relative to any
estate in Virginia, may be offered for probate in the general court, or if
the estate lie altogether in any other county or corporation, in the
circuit, county or corporation court of such county or corporation. 3 Griff.
L. R. 345. It is understood to be the settled law of Virginia, though there
is no statutory provision on the subject, that no probate of a will or grant
of administration in another state of the Union, or in a foreign country,
and no qualification of an executor or administrator, elsewhere than in
Virginia, give any such executor or administrator any right to demand the
effects or debts of the decedent, which may happen to be within the
jurisdiction of the state. There must be a regular probate or grant of
administration and qualification of the executor or administrator in
Virginia, according to her laws. And the doctrine prevails in the federal
courts held in Virginia, as well as in the state courts. 3 Grif. Reg. 348.
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TESTAMENT
(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.
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TESTAMENTARY
(bouvier) | TESTAMENTARY. Belonging to a testament; as a testamentary gift; a
testamentary guardian, or one appointed by will or testament; letters
testamentary, or a writing under seal given by an officer lawfully
authorized, granting power to one named as executor to execute a last will
or testament.
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