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Simple English definitions for legal terms

rogatio testium

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A quick definition of rogatio testium:

Rogatio testium is a legal term that refers to the act of bringing in a witness who can testify that a nuncupative will was made. A nuncupative will is an oral will made by a person who is close to death. The witness must confirm that the person declared or expressed that the words spoken were a will. This is important because nuncupative wills are not always recognized as valid, and the witness can help prove that the will was made.

A more thorough explanation:

Definition: Rogatio testium refers to the production of a witness who can testify to the making of a nuncupative will. The witness must confirm that the testator declared or expressed that the words spoken were a will.

Example: If someone makes an oral will on their deathbed, a witness who heard the declaration and can confirm that the words spoken were intended to be a will would be necessary for the will to be considered valid.

Explanation: Rogatio testium is a legal term used in the context of nuncupative wills, which are oral wills made in contemplation of imminent death. In order for a nuncupative will to be considered valid, a witness who heard the declaration must confirm that the words spoken were intended to be a will. This is important because nuncupative wills are generally not recognized in most states, and even in states where they are recognized, the amount that may be conveyed is usually limited by statute.

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