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testamentum

testamentum (tes-t[schwa]-men-t[schwa]m), n. [Latin] Roman law. A will. • In early and classical law, the mancipatory will was standard. It was still used in the Later Empire but in A.D. 446, the holographic will was accepted in the Western Empire. A will could also be made by registration on the court acta. See holographic will,

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joint note

A note for which multiple makers are jointly, but not severally, liable for repayment, meaning that the payee must legally look to all the makers together for payment of the debt. See joint liability under LIABILITY. [Cases: Bills and Notes 120. C.J.S. Bills and Notes; Letters of Credit§§ 81, 83, 249.]

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equitable remedy

A remedy, usu. a nonmonetary one such as an injunction or specific performance, obtained when available legal remedies, usu. monetary damages, cannot adequately redress the injury. • Historically, an equitable remedy was available only from a court of equity. — Also termed equitable relief. See IRREPARABLE-INJURY RULE. [Cases: Injunction 17; Specific Performance 1. C.J.S. Injunctions

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privy

privy (priv-ee), n. pl. A person having a legal interest of privity in any action, matter, or property; a person who is in privity with another. • Traditionally, there were six types of privies: (1) privies in blood, such as an heir and an ancestor; (2) privies in representation, such as an executor and a

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informal probate

Probate designed to operate with minimal input and supervision of the probate court. • Most modern probate codes encourage this type of administration, with an independent personal representative. — Also termed independent probate. Cf. independent executor under EXECUTOR. [Cases: Executors and Administrators 3(1). C.J.S. Executors and Administrators §§ 7, 9–10.]

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