nuncupative will

nuncupative will
A will declared orally by the testator before witnesses but dependent for validity under some statutes upon being reduced to writing and subscribed by the witnesses after the speaking of the testamentary words. 57 Am J1st Wills §§ 653, 660. Under the English Statute of Frauds and similar statutes in this country, except in the case of a soldier or seaman, the general rule is that a valid nuncupative will can be made only when the testator is in his last illness. 57 Am J1st Wills § 654. In some jurisdictions the validity of nuncupative wills is denied absolutely. 57 Am J1st Wills § 653.

Ballentine's law dictionary. . 1998.

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  • nuncupative will — see will Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. nuncupative will …   Law dictionary

  • Nuncupative will — 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… …   The Collaborative International Dictionary of English

  • Nuncupative Will — A verbal will that must have two witnesses and can only deal with the distribution of personal property. A nuncupative will is considered a deathbed will, meaning that it is a safety for people struck with a terminal illness and robbed of the… …   Investment dictionary

  • nuncupative will — will that is verbally expressed in the presence of two witnesses …   English contemporary dictionary

  • nuncupative will — noun Etymology: translation of Medieval Latin testamentum nuncupativum 1. Roman law : a will consisting originally in the simple oral declaration of the testator s testamentary dispositions in the presence of seven witnesses and later in such a… …   Useful english dictionary

  • nuncupative will — Law. a will made by the oral and unwritten declaration of the testator, valid only in special circumstances. Cf. holographic will. [1540 50] * * * …   Universalium

  • nuncupative will — An oral will declared or dictated by the testator in his last sickness before a sufficient number of witnesses, and afterwards reduced to writing. A will made by the verbal declaration of the testator, and usually dependent merely on oral… …   Black's law dictionary

  • nuncupative will — noun 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 …   Wiktionary

  • will — 1 n 1: the desire, inclination, or choice of a person or group 2: the faculty of wishing, choosing, desiring, or intending 3: a legal declaration of a person s wishes regarding the disposal of his or her property after death; esp: a formally… …   Law dictionary

  • 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 …   The Collaborative International Dictionary of English

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