testamentary instrument

testamentary instrument
An instrument such that, from the language used, it is apparent that the maker intended to make a disposition of his property or some part thereof, to be effective at his death. 57 Am J1st Wills § 8. An instrument manifesting a donative intent, but neither conferring nor evidencing an intent to confer, upon the donees any property, right, or benefit during the life of the maker, having no binding effect during his life, and remaining revocable by him at his pleasure. 57 Am J1st Wills § 7. An instrument is testamentary when it is written or made so as not to take effect until after the death of the person making it, and to be revocable and to retain the property under his control during his life, although he may have believed that it would operate as an instrument of a different character. Benson v Benson, 125 Okla 151, 256 P 912, 62 ALR 935.

Ballentine's law dictionary. . 1998.

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