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, mancipatory will under WILL.

testamentum calatis comitiis (k[schwa]-lay-tis k[schwa]-mish-ee-is). [Latin “will made before the comitia curiata”] Roman law. In early Rome, a will made before the comitia curiata, having an effect comparable to adrogation. • The comitia curiata was known as the comitia calata when it met twice a year for the purpose of making wills. See comitia curiata under COMITIA.

testamentum holografum (tes-t[schwa]-men-t[schwa]m hol-[schwa]-graf-[ schwa]m). [Latin] See holographic will under WILL.

testamentum in procinctu (in pr[schwa]-singk-t[y]oo). [Latin “will made before the army”] Roman law. A will made by a soldier before a fellow soldiers while preparing for battle.

testamentum militum (tes-t[schwa]-men-t[schwa]m mil-[schwa]-t[schwa]m). [Latin] See soldier’s will under WILL.

testamentum tripertitum (trI-p[schwa]r-tI-t[schwa]m). [Latin “tripartite will”] Roman law. A will made without interruption, with seven witnesses to seal it, and signed by the testator. • This form of will was valid in Justinian’s law. It was called “tripartite” because the authority for various parts of it derived from three sources: the civil law (requiring that the will be made at one and the same time before witnesses); the praetor’s edict (requiring that there be seven witnesses and that they must seal it); and imperial constitutions (requiring that the testator must sign at the end).


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