Legal Definition and Related Resources of Nuncupative Will
Meaning of Nuncupative Will
A will which is not written but which is declared orally or verbally by the testator in his last illness , in the manner specified by statute . See In re Taylor’s estate , 106 P.2d 492, 56 Ariz. 211. Such wills are generally allowed in most jurisdictions only in respect of the wills of soldiers in active service and of mariners at sea. in addition to the usual requirement of testamentary intent, before the words spoken by the deceased can be held to amount to a nuncupative will, it must be shown that he made a request to the witnesses present to bear witness that such is his will. Such a request is known as the rogatio testium. See Kellner v Hagood, 39 Ohio App. 351, 177 N.E. 637.
Nuncupative Will Alternative Definition
An oral will, declared by a testator, in extremis, before vsritnesses, and afterwards reduced to writing. 4 Kent, Comm. 576; 2 BL Comm. 500; 1 Jarm. Wills (Perkins Ed.) 130-136. See 1 Wm. IV. c. 20; 1 Vict. c. 26, §§ 9, 11; 11 Eng. Law & Eq. 596, by which the privilege of making a nuncupative will is only allowed to soldiers and seamen in actual service. So in almost all the states. See, in general, 27 Ala. (N. S.) 296, 596; 26 N. H. 372; 9 N. Y. 196; 10 Grat. (Va.) 548; 27 Miss. 119, 725; 2 R. I. 133; 4 Bradf. Sur. (N. Y.) 154; 22 Ga. 293, 603; 12 La. Ann. 114, 603; 1 Sneed (Tenn.) 616; 1 Williams, Ex’rs, 59; Swinb. Wills; Ayliffe, Pand. 359; Roberts, Wills; 2 Bouv. Inst, note 436; 1 Brown, Civ. Law, 288.
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Nuncupative Will in Historical Law
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This definition of Nuncupative Will is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.
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Meaning of Nuncupative Will in the U.S. Legal System
Definition of Nuncupative Will published by the National Association for Court Management: An oral (unwritten) will.
Concept of Nuncupative Will in the context of Real Property
A short definition of Nuncupative Will: A verbal “death bed” will. Not valid in all states and restricted to personal property of limited value.
Concept of Nuncupative Will in the context of Real Property
A short definition of Nuncupative Will: A verbal “death bed” will. Not valid in all states and restricted to personal property of limited value.
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