(24) There, the testatrix
's daughter assisted her mother in obtaining the drafting attorney, was present when the will was executed, was aware of the contents of the will prior to its execution, lived with her mother, and was in complete and sole control of all of her mother's daily care and activities.
(1) In a will, the testator or testatrix
appoints another person (called the executor) as responsible of the administration and distribution of his/her possessions among his/her inheritors or beneficiaries (Non-FLAX).
(8.) "Testator," which is a term borrowed from civil law, means "[a] person who has made a will; esp., a person who dies leaving a will," while "testatrix
" is the feminine form of testator.
1943) (holding will unambiguous, thus excluding evidence of testatrix
The case involved a testatrix
's disinheritance of her son because she disliked Norwegians and her son's spouse was of this ethnicity.
Family provision legislation imposes a legal obligation on every testator or testatrix
to make proper provision for the support and maintenance of certain defined dependants.
As one court reasoned, "Ordinarily a testator will include his most favored legatees in the residual bequest intending that they shall take the bulk of his estate to the exclusion of any unnamed heirs." (239) Considered in this light, "slightly enlarging the shares of named residuary beneficiaries would more likely match the testatrix
's intent than would distributing the lapsed shares to persons whom she potentially did not even include in her will." (240) Defenders of the common law rule--and a few remain--retort that the old rule causes the testator's property to "pass to the most natural objects of her bounty--her heirs," whereas the remain-in-the-residue rule would "completely redraft the terms of the will," giving the surviving residuary beneficiaries "enlarge[d] ...
The latter case concerned the charitable status of a testamentary gift for masses to be said for the souls of the testatrix
and her husband.
stockholder had no greater rights in the stock than did the testatrix
The term "testatrix
" is sometimes used in referring to a woman who makes a will.
(124) Under her will, the testatrix
in Kerrigan had appointed a certificated conveyancer as her executor, but also provided that he could only draw on the estate to pay his 'ordinary legal costs'.
(104) "[A] court may [not] wander from the actual words of a will into the region of conjecture as to what it is reasonable to suppose the testatrix
would have done had she contemplated a certain event happening," (105) one state supreme court opined, emphasizing the uncertainty of the enterprise: "A court is not free to roam such unfenced fields of speculation." (106) Other courts have deplored the idea.