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testamentary

testamentary, a.
  (tɛstəˈmɛntərɪ)
  Also 6 erron. -ory.
  [ad. L. testāmentāri-us, f. testāment-um testament; see -ary1. Cf. testamentar.]
  1. Of, pertaining to, or having relation to a testament or will; of the nature of a will.
  testamentary capacity, capacity to make a will. testamentary estate, estate subject to disposal by will.

1456 Paston Lett. I. 373 My Lord Chaunceller..is..souverain juge and ordinarie principalle under the Pope in a cause testamentarie. 1596 Bacon Max. & Use Com. Law ii. (1635) 24 Its not an estate testamentory. 1759 Robertson Hist. Scot. ii. Wks. 1813 I. 113 No matrimonial or testamentary cause could be tried but in the spiritual courts. a 1827 in Jarman Powell's Devises (ed. 3) II. 169 All the residue of his ‘goods and chattels, rights, credits, personal and testamentary estate whatsoever’. 1885 Manch. Exam. 3 Feb. 5/1 Mrs. B. was not of testamentary capacity.

  2. Made or done by will; appointed by will.

1547 Bk. Marchauntes e j b, To haue some aniuersari foundacion, or other testamentary gift. 1659 Gentl. Calling v. §24 Some testamentary charities. a 1794 Fearne Posth. Wks. (1797) 435 In regard to testamentary dispositions of land. 1838 W. Bell Dict. Law Scot. 1016 A tutor-nominate or testamentary, is he whom the father..has nominated, either in a testament, or in some other writing. 1869 Freeman Norm. Conq. III. xii. 218 The groundwork of William's claim as testamentary successor to Eadward.

  b. Expressed or contained in a will.

1762 Sterne Tr. Shandy V. x, This testamentary proof he gave of his affection to his master. 1851 Hawthorne Ho. Sev. Gables xviii, In compliance with his testamentary directions. 1910 Daily News 20 July 4/2 It has carried out the testamentary request.

  3. Of or pertaining to the Old or New Testament.

1849 W. Fitzgerald tr. Whitaker's Disput. 28 These books..are comprised in the old and new Testaments, and are therefore styled Testamentary. 1905 J. Orr Probl. O.T. viii. (1906) 272 Delitzsch postulates written ‘testamentary discourses’ and laws of Moses.

Oxford English Dictionary

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