a. Also 6 erron. -ory. [ad. L. testāmentāri-us, f. testāment-um TESTAMENT; see -ARY1. Cf. TESTAMENTAR.]
1. Of, pertaining to, or having relation to a testament or will; of the nature of a will.
Testamentary capacity, capacity to make a will. Testamentary estate, estate subject to disposal by will.
1456. Paston Lett., I. 373. My Lord Chaunceller … is … souverain juge and ordinarie principalle under the Pope in a cause testamentarie.
1596. Bacon, Max. & Use Com. Law, II. (1635), 24. Its not an estate testamentory.
1759. Robertson, Hist. Scot., II. Wks. 1813, I. 113. No matrimonial or testamentary cause could be tried but in the spiritual courts.
a. 1827. in Jarman, Powell’s Devises (ed. 3), II. 169. All the residue or his ‘goods and chattels, rights, credits, personal and testamentary estate whatsoever.’
1885. Manch. Exam., 3 Feb., 5/1. Mrs. B. was not of testamentary capacity.
2. Made or done by will; appointed by will.
1547. Bk. Marchauntes, e j b. To haue some aniuersari foundacion, or other testamentary gift.
1659. Gentl. Calling, v. § 24. Some testamentary charities.
a. 1794. Fearne, Posth. Wks. (1797), 435. In regard to testamentary dispositions of land.
1838. W. Bell, Dict. Law Scot., 1016. A tutor-nominate or testamentary, is he whom the father … has nominated, either in a testament, or in some other writing.
1869. Freeman, Norm. Conq., III. xii. 218. The groundwork of William’s claim as testamentary successor to Eadward.
b. Expressed or contained in a will.
1762. Sterne, Tr. Shandy, V. x. This testamentary proof he gave of his affection to his master.
1851. Hawthorne, Ho. Sev. Gables, xviii. In compliance with his testamentary directions.
1910. Daily News, 20 July, 4/2. It has carried out the testamentary request.
3. Of or pertaining to the Old or New Testament.
1849. W. Fitzgerald, trans. Whitaker’s Disput., 28. These books … are comprised in the old and new Testaments, and are therefore styled Testamentary.
1905. J. Orr, Probl. O. T., viii. (1906), 272. Delitzsch postulates written ‘testamentary discourses’ and laws of Moses.
