attestation clause

attestation clause
A writing at the end of a will but preceding the signature of the witnesses which sets forth with more or less completeness the performance of the statutory requisites to due execution and witnessing of the instrument, the purpose of the clause being to preserve a memorandum of the facts attending the execution of the instrument, so that in the event of the death, absence, or failure of memory on the part of the attesting witnesses, the due execution of the instrument may nevertheless be proved. Re Johnson (ND) 75 NW2d 313, 55 ALR2d 1049; 57 Am J1st Wills § 296. The clause in a deed, usually at the conclusion of it, sometimes called the hiis testibus (with these witnesses) clause, denoting that the persons signing are witnesses. Usual forms of the clause in a deed are: "signed, sealed, and delivered in the presence of," "signed and sealed in the presence of us," "in witness whereof we hereto set our hands and seals," "sealed and delivered in the presence of," or even the word "teste." 23 Am J2d Deeds § 30.

Ballentine's law dictionary. . 1998.

Игры ⚽ Поможем сделать НИР

Look at other dictionaries:

  • attestation clause — n: a clause at the end of a will in which the witnesses state that the will was signed and witnessed with all the formalities required by law and which often sets forth those requirements Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • Attestation clause — In the statutory law of wills and trusts in the United States, an attestation clause is a clause that is typically appended to a will, often just below the place of the testator s signature.Attestation clauses were introduced into probate law… …   Wikipedia

  • attestation — I noun act of bearing witness, adjuration, affirmation, allegation, assertion, asseveration, attest, attesting declaration, authentication, averment, avouchment, avowal, certification, declaration, endorsement, oath, solemn averment, solemn… …   Law dictionary

  • Attestation — can mean: *A trusted platform device is said to attest to its state that is, it reports its integrity state, for example the values inside the registers inside the TPM (Trusted Platform Module) chip in the Trusted Computing Group community.… …   Wikipedia

  • Clause — Clause, n. [F. clause, LL. clausa, equiv. to L. clausula clause, prop., close of ? rhetorical period, close, fr. claudere to shut, to end. See {Close}.] 1. A separate portion of a written paper, paragraph, or sentence; an article, stipulation, or …   The Collaborative International Dictionary of English

  • attestation — The act of witnessing an instrument in writing, at the request of the party making the same, and subscribing the name of the witness in testimony of such fact. In re Carlson s Estate, 156 Or. 597, 68 P.2d 119, 121. See affirmation jurat oath… …   Black's law dictionary

  • attestation — The act of witnessing an instrument in writing, at the request of the party making the same, and subscribing the name of the witness in testimony of such fact. In re Carlson s Estate, 156 Or. 597, 68 P.2d 119, 121. See affirmation jurat oath… …   Black's law dictionary

  • perfect attestation clause — One that asserts performance of all acts required to be done to make valid testamentary disposition …   Black's law dictionary

  • testimonium clause — The clause in a written instrument, otherwise known as a testatum clause, such as in witness whereof, by which the act and date of execution is directed to the writing. Arrington v Arrington, 122 Ala 510, 26 So 152. An attestation clause. 13 Am… …   Ballentine's law dictionary

  • No-contest clause — Wills, trusts and estates …   Wikipedia

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”