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slovo definícia will (mass) will - pomocné sloveso pre budúci čas, ochota, vôľa, závet, testament will (encz) will,bude v: Pajosh will (encz) will,budeš Zdeněk Brož will (encz) will,budete Zdeněk Brož will (encz) will,budou Zdeněk Brož will (encz) will,ochota n: Zdeněk Brož will (encz) will,ochotu Zdeněk Brož will (encz) will,přání n: [kniž.] luke will (encz) will,rozhodnutí n: Zdeněk Brož will (encz) will,úmysl n: Zdeněk Brož will (encz) will,vůle n: will (encz) will,záměr n: Zdeněk Brož will (encz) will,závěť n: Zdeněk Brož Will (gcide) Will \Will\, n. [OE. wille, AS. willa; akin to OFries. willa, OS. willeo, willio, D. wil, G. wille, Icel. vili, Dan. villie, Sw. vilja, Goth wilja. See Will, v.] [1913 Webster] 1. The power of choosing; the faculty or endowment of the soul by which it is capable of choosing; the faculty or power of the mind by which we decide to do or not to do; the power or faculty of preferring or selecting one of two or more objects. [1913 Webster] It is necessary to form a distinct notion of what is meant by the word "volition" in order to understand the import of the word will, for this last word expresses the power of mind of which "volition" is the act. --Stewart. [1913 Webster] Will is an ambiguous word, being sometimes put for the faculty of willing; sometimes for the act of that faculty, besides [having] other meanings. But "volition" always signifies the act of willing, and nothing else. --Reid. [1913 Webster] Appetite is the will's solicitor, and the will is appetite's controller; what we covet according to the one, by the other we often reject. --Hooker. [1913 Webster] The will is plainly that by which the mind chooses anything. --J. Edwards. [1913 Webster] 2. The choice which is made; a determination or preference which results from the act or exercise of the power of choice; a volition. [1913 Webster] The word "will," however, is not always used in this its proper acceptation, but is frequently substituted for "volition", as when I say that my hand mover in obedience to my will. --Stewart. [1913 Webster] 3. The choice or determination of one who has authority; a decree; a command; discretionary pleasure. [1913 Webster] Thy will be done. --Matt. vi. 10. [1913 Webster] Our prayers should be according to the will of God. --Law. [1913 Webster] 4. Strong wish or inclination; desire; purpose. [1913 Webster] Note: "Inclination is another word with which will is frequently confounded. Thus, when the apothecary says, in Romeo and Juliet, [1913 Webster] My poverty, but not my will, consents; . . . Put this in any liquid thing you will, And drink it off. [1913 Webster] the word will is plainly used as, synonymous with inclination; not in the strict logical sense, as the immediate antecedent of action. It is with the same latitude that the word is used in common conversation, when we speak of doing a thing which duty prescribes, against one's own will; or when we speak of doing a thing willingly or unwillingly." --Stewart. [1913 Webster] 5. That which is strongly wished or desired. [1913 Webster] What's your will, good friar? --Shak. [1913 Webster] The mariner hath his will. --Coleridge. [1913 Webster] 6. Arbitrary disposal; power to control, dispose, or determine. [1913 Webster] Deliver me not over unto the will of mine enemies. --Ps. xxvii. 12. [1913 Webster] 7. (Law) The legal declaration of a person's mind as to the manner in which he would have his property or estate disposed of after his death; the written instrument, legally executed, by which a man makes disposition of his estate, to take effect after his death; testament; devise. See the Note under Testament, 1. [1913 Webster] Note: Wills are written or nuncupative, that is, oral. See Nuncupative will, under Nuncupative. [1913 Webster] At will (Law), at pleasure. To hold an estate at the will of another, is to enjoy the possession at his pleasure, and be liable to be ousted at any time by the lessor or proprietor. An estate at will is at the will of both parties. Good will. See under Good. Ill will, enmity; unfriendliness; malevolence. To have one's will, to obtain what is desired; to do what one pleases. Will worship, worship according to the dictates of the will or fancy; formal worship. [Obs.] Will worshiper, one who offers will worship. [Obs.] --Jer. Taylor. With a will, with willingness and zeal; with all one's heart or strength; earnestly; heartily. [1913 Webster] Will (gcide) Will \Will\, v. t. & auxiliary. [imp. Would. Indic. present, I will (Obs. I wol), thou wilt, he will (Obs. he wol); we, ye, they will.] [OE. willen, imp. wolde; akin to OS. willan, OFries. willa, D. willen, G. wollen, OHG. wollan, wellan, Icel. & Sw. vilja, Dan. ville, Goth. wiljan, OSlav. voliti, L. velle to wish, volo I wish; cf. Skr. v[.r] to choose, to prefer. Cf. Voluntary, Welcome, Well, adv.] [1913 Webster] 1. To wish; to desire; to incline to have. [1913 Webster] A wife as of herself no thing ne sholde [should] Wille in effect, but as her husband wolde [would]. --Chaucer. [1913 Webster] Caleb said unto her, What will thou ? --Judg. i. 14. [1913 Webster] They would none of my counsel. --Prov. i. 30. [1913 Webster] 2. As an auxiliary, will is used to denote futurity dependent on the verb. Thus, in first person, "I will" denotes willingness, consent, promise; and when "will" is emphasized, it denotes determination or fixed purpose; as, I will go if you wish; I will go at all hazards. In the second and third persons, the idea of distinct volition, wish, or purpose is evanescent, and simple certainty is appropriately expressed; as, "You will go," or "He will go," describes a future event as a fact only. To emphasize will denotes (according to the tone or context) certain futurity or fixed determination. [1913 Webster] Note: Will, auxiliary, may be used elliptically for will go. "I'll to her lodgings." --Marlowe. [1913 Webster] Note: As in shall (which see), the second and third persons may be virtually converted into the first, either by question or indirect statement, so as to receive the meaning which belongs to will in that person; thus, "Will you go?" (answer, "I will go") asks assent, requests, etc.; while "Will he go?" simply inquires concerning futurity; thus, also,"He says or thinks he will go," "You say or think you will go," both signify willingness or consent. [1913 Webster] Note: Would, as the preterit of will, is chiefly employed in conditional, subjunctive, or optative senses; as, he would go if he could; he could go if he would; he said that he would go; I would fain go, but can not; I would that I were young again; and other like phrases. In the last use, the first personal pronoun is often omitted; as, would that he were here; would to Heaven that it were so; and, omitting the to in such an adjuration. "Would God I had died for thee." Would is used for both present and future time, in conditional propositions, and would have for past time; as, he would go now if he were ready; if it should rain, he would not go; he would have gone, had he been able. Would not, as also will not, signifies refusal. "He was angry, and would not go in." --Luke xv. 28. Would is never a past participle. [1913 Webster] Note: In Ireland, Scotland, and the United States, especially in the southern and western portions of the United States, shall and will, should and would, are often misused, as in the following examples: [1913 Webster] I am able to devote as much time and attention to other subjects as I will [shall] be under the necessity of doing next winter. --Chalmers. [1913 Webster] A countryman, telling us what he had seen, remarked that if the conflagration went on, as it was doing, we would [should] have, as our next season's employment, the Old Town of Edinburgh to rebuild. --H. Miller. [1913 Webster] I feel assured that I will [shall] not have the misfortune to find conflicting views held by one so enlightened as your excellency. --J. Y. Mason. [1913 Webster] [1913 Webster] Will (gcide) Will \Will\, v. i. To be willing; to be inclined or disposed; to be pleased; to wish; to desire. [1913 Webster] And behold, there came a leper and worshiped him, saying, Lord if thou wilt, thou canst make me clean. And Jesus . . . touched him, saying, I will; be thou clean. --Matt. viii. 2, 3. [1913 Webster] Note: This word has been confused with will, v. i., to choose, which, unlike this, is of the weak conjugation. [1913 Webster] Will I, nill I, or Will ye, hill ye, or {Will he, nill he}, whether I, you, or he will it or not; hence, without choice; compulsorily; -- commonly abbreviated to {willy nilly}. "If I must take service willy nilly." --J. H. Newman. "Land for all who would till it, and reading and writing will ye, nill ye." --Lowell. [1913 Webster] Will (gcide) Will \Will\, v. i. To exercise an act of volition; to choose; to decide; to determine; to decree. [1913 Webster] At Winchester he lies, so himself willed. --Robert of Brunne. [1913 Webster] He that shall turn his thoughts inward upon what passes in his own mind when he wills. --Locke. [1913 Webster] I contend for liberty as it signifies a power in man to do as he wills or pleases. --Collins. [1913 Webster] Will (gcide) Will \Will\, v. t. [imp. & p. p. Willed; p. pr. & vb. n. Willing. Indic. present I will, thou willeth, he wills; we, ye, they will.] [Cf. AS. willian. See Will, n.] [1913 Webster] 1. To form a distinct volition of; to determine by an act of choice; to ordain; to decree. "What she will to do or say." --Milton. [1913 Webster] By all law and reason, that which the Parliament will not, is no more established in this kingdom. --Milton. [1913 Webster] Two things he [God] willeth, that we should be good, and that we should be happy. --Barrow. [1913 Webster] 2. To enjoin or command, as that which is determined by an act of volition; to direct; to order. [Obs. or R.] [1913 Webster] They willed me say so, madam. --Shak. [1913 Webster] Send for music, And will the cooks to use their best of cunning To please the palate. --Beau. & Fl. [1913 Webster] As you go, will the lord mayor . . . To attend our further pleasure presently. --J. Webster. [1913 Webster] 3. To give or direct the disposal of by testament; to bequeath; to devise; as, to will one's estate to a child; also, to order or direct by testament; as, he willed that his nephew should have his watch. [1913 Webster] will (wn) will n 1: the capability of conscious choice and decision and intention; "the exercise of their volition we construe as revolt"- George Meredith [syn: volition, will] 2: a fixed and persistent intent or purpose; "where there's a will there's a way" 3: a legal document declaring a person's wishes regarding the disposal of their property when they die [syn: will, testament] v 1: decree or ordain; "God wills our existence" 2: determine by choice; "This action was willed and intended" 3: leave or give by will after one's death; "My aunt bequeathed me all her jewelry"; "My grandfather left me his entire estate" [syn: bequeath, will, leave] [ant: disinherit, disown] WILL (bouvier) WILL, criminal law. The power of the mind which directs the actions of a man. 2. In criminal law it is necessary that there should be an act of the will to commit a crime, for unless the act is wilful it is no offence. 3. It is the consent of the will which renders human actions commendable or culpable, and where there is no win there can be no transgression. 4. The defect or want of will may be classed as follows: 1. Natural, as that of infancy. 2. Accidental; namely, 1st. Dementia. 2d. Casualty or chance. 3d. Ignorance. (q.v.) 3. Civil; namely, 1st. Civil subjection. 2d. Compulsion. 3d. Necessity. 4th. Well-grounded fear. Hale's P. C. c. 2 Hawk. P. C. book 1, c. 1. WILL (bouvier) WILL or TESTAMENT. The legal declaration of a man's intentions of what he wills to be performed after his death. Co. Litt. 111; Swinb. Pt. 1, s. II. 1; Shep. Touch. 398; Bac. Abr. Wills, A. 2. The terms will and testament are synonymous, and they are used indifferently by common lawyers, or one for the other. Swinb. p. 1, s. 1. 5; Bac. Ab. Wills. A. Civilians use the term testament only. See Testament. 3. There are five essential requisites to make a good will. 4.-1. The testator must be legally capable of making a will. Generally all persons who may make valid contracts can dispose of their property by will. See Parties to contracts. This act requires a power of the mind freely to dispose of property. Infants, because of their tender age, and married women, on account of the supposed influence and control of their husbands, have no capacity to make a will, with these exceptions, that infants at common law may dispose of their personal estate, the males when over fourteen years of age, and the females when over twelve; this rule in relation to infants is not uniform in the United States. Swinb. p. 2, s. 2; Bac. Ab. Wills, B. Persons devoid of understanding, as idiots and lunatics, cannot make a will. 5.-2. The testator at the time of making his will must have animum testandi, or a serious intention to make such will. If a man therefore jestingly or boastingly and not seriously, writes or says that such a person shall have his goods or be his executor, this is no will. Bac. Ab. Wills, C; Com. Dig. Estates by Devise, D 1. See 4 Serg. & Rawle, 545; 2 Yeates, 324; 5 Binn. 490; 1 Des. R. 543. 6.-3. The mind of the testator in making his will must be free, and not moved by fear, fraud or flattery. In such cases the will is void or at least voidable. Bac. Ab. Wills, C; see 3 Serg. & Rawle, 269. Vide influence. 7.-4. There must be a person to take, capable of taking; for to render a devise or bequest valid there must be a donee in esse, or in rerum natura, and one that shall have capacity to take the thing given, when it is to vest, or the gift shall be void. Plowd. 345. See Legatee. 8.-5. The will must be put in proper form., Wills are either written or nuncupative. 9.-1. A will in writing must be, 1. Written on paper or parchment; it may be in any language, and in any character, provided it can be read or understood. 2. It must be signed by the testator or some person authorized by him; but a sealing has been held to be a sufficient signing. 2 Str. 764. But see 3 Lev. R. 1; 1 Const. R. 343; 18 Ves. R. 183; 2 Ball & B. 104 5 Mood. R. 484, and article To sign. And it ought to be signed by the attesting witnesses. In some states three witnesses are required, who should sign the will as such at the request and in the presence of the testator and of each other. This formality should generally be pursued, as the testator may have lands in such states which would not pass without it. See, as to the attestation of wills, Bac. Ab. Wills, D; Rob. on Wills, c. 1, part 15. 3. It must be published, that is, the testator must do some act from which it can be concluded that he intended the instrument to operate as his will. 6 Cruise, 79; 4 Burn's Eccl. Law, 119. As to the republication of wills, see Bac. Abr. Wills, D 3; and article Publication. 4. To make a good will of goods and chattels there must be an executor named in it, otherwise it will be a codocil only, and the party is said to die intestate; in such a case administration must be granted. Bac. Abr. Wills, D 2. 10.-2. A nuncupative will or testament, is a verbal declaration by a testator of his will before a competent number of legal witnesses. 11. Before the statute of frauds they were very common, but by that statute, 29 C. H. c. 3, which has been substantially adopted in a number of the states, these wills were laid under many restrictions. Vide Dane's Ab. chap. 127, a. 2; 3 Harr. & John. 208; 6 Munf. R. 123; 1 Munf. R. 456; 4 Hen. & Munf. 91-100. 12. In New York nuncupative wills have been abolished, except made by a soldier while in actual military service, or by a mariner while at sea. 2 New York Revised Statutes, 60, sec. 22. As to nuncupative wills in Louisiana, see Testament nuncupative; and Civil Code of Louisiana, article 1574. 13. It is a rule that the last will revokes all former wills. It follows then that a man cannot by any testamentary act impose upon himself the inability of making another inconsistent with and revoking the first will. Bac. Ab. Wills, E; Swinb. pt. 7, s. 14. 14. A will voluntarily and intentionally made by a competent testator, according to the form required by law, may be avoided, 1st. By revocation, see Revocation; Bac. Abr. Wills, G 1; Vin. Abr. Devise, P; 1 Rolle, Ab. 615; Com. Dig. Estates by Dev. F; and, 2d. By fraud. 15. Among the civilians they have two other kinds of wills, namely: the mystic, which is a will enveloped in a paper and sealed, and the witnesses attest that fact, the other is the olographic; which is wholly written by the testator himself. See Testament. As to wills and testaments, see Swinburne on Wills; Roberts on Wills; Lovelass on Wills; Roper on Legacies; Lowndes on Legacies; Will. on Ex. pt. 1; Vin. Abr. Devise; Rolle's Abr. Devise; Bac. Abr. Wills and Testaments; Com. Dig. Estates by Devise; Nels. Abr. h.t.; Amer. Dig. Wills; Whart. Dig. Wills; Toll. on Executors; Off. Ex.; Orph. Legacy; Touchst, ch. 23 Civil Code of Louisiana, B. 3, tit. 2; Bouv. Inst. Index, h.t.; and the articles Devise; Legacy; Testament.

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