Titius heres esto (tish-ee-[schwa]s heer-eez es-toh). [Latin] Roman law. Let Titius be my heir. • The phrase was the testamentary form for appointing an heir. Titius was a fictitious name often used by way of example in legal writing, esp. in forms.
letters. Wills & estates. A court order giving official authority to a fiduciary to conduct appointed tasks. • Examples are letters of administration, letters of conservatorship, letters of guardianship, and letters testamentary. Unif. Probate Code § 1-201(23). See LETTER(2). [Cases: Executors and Administrators 27; Guardian and Ward 16. C.J.S. Executors and Administrators § 79.]
capacity n. (1)能力；意思能力；行为能力；责任能力 (2)适格性；资格 (3)身份；地位 (4)容量；载重量(→competency; business capacity; criminal capacity; legal capacity; mental capacity; representative capacity; testamentary capacity)
lucra nuptialia (loo-kr[schwa] n[schwa]p-shee-ay-l[schwa]). [Latin] Roman law. The property that one spouse receives from another, whether by gift, marriage-gift, dos, or testamentary disposition. See POENAE SECUNDARUM NUPTIARUM.
survival clause. Wills & estates. A testamentary provision conditioning a bequest on a beneficiary’s living for a specified period, often 60 days, after the testator’s death. • If the beneficiary dies within the stated period, the testamentary gift usu. accrues to the residuary estate. — Also termed survivorship clause. Cf. SIMULTANEOUS-DEATH CLAUSE.
antilapse statute. Wills & estates. A statute that substitutes certain heirs of some types of testamentary benefi-ciaries when the beneficiary has predeceased the testator and permits them to take the gift, which would otherwise fail and thus pass to the residuary beneficiary (if any) or to the intestate heirs. • Under the common law and
tangible-personal-property memorandum. A handwritten or signed document that lists items of tangible personal property (such as jewelry, artwork, or furniture) and the persons who should receive the property upon the owner’s death. • This memorandum is a separate document from the property owner’s will, and if referred to by the will, it is a valid
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A power created or reserved by a person having property subject to disposition, enabling the donee of the power to designate transferees of the property or shares in which it will be received; esp., a power conferred on a donee by will or deed to select and determine one or more recipients of the donor’s
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disposition (dis-p[schwa]-zish-[schwa]n), n. 1. The act of transferring something to another’s care or possession, esp. by deed or will; the relinquishing of property (a testamentary disposition of all the assets). testamentary disposition. A disposition to take effect upon the death of the person making it, who retains substantially entire control of the property until death.
sound and disposing mind and memory 健全的记忆能力与财产处分思维 用以表示行为人有遗嘱能力〔testamentary capacity〕，即遗嘱人在设立遗嘱时所需具有的理解其遗嘱行为及内容的记忆力健全和精神正常的状态。他必须在立遗嘱时明确了解其所实施的行为、知道其财产状况、知悉其遗嘱条款所涉利益相关者与其本人的关系。
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