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Nuncupative Oral Witnesses Wills Left Benjamin Franklin Written

Word nuncupative
Date October 22, 2017
Type adjective
Syllables NUN-kyoo-pay-tiv
Etymology Nuncupative (from Latin nuncupare, meaning "to name") has been part of the English language since at least the 15th century, most typically appearing in legal contexts as a modifier of the noun will. The nuncupative will originated in Roman law, where it consisted of an oral declaration made in the presence of seven witnesses and later presented before a magistrate. Currently, nuncupative wills are allowed in some U.S. states in extreme circumstances, such as imminent peril of death from a terminal illness or from military or maritime service. Such wills are dictated orally but are usually required to be set down in writing within a statutorily specified time period, such as 30 days. Witnesses are required, though the number seven is no longer specified.
Examples "He left me a small Legacy in a nuncupative Will, as a Token of his Kindness for me, and he left me once more to the wide World." — Benjamin Franklin, The Autobiography of Benjamin Franklin, 1791

"He did leave a will in which he bequeathed everything to Rebecca; but it turns out that John's will was not a written will. It was a nuncupative will, which means on his deathbed, John verbally told persons how he wanted his estate divided or dispensed." — Sharon Tate Moody, The Tampa (Florida) Tribune, 27 Dec. 2015
Definition : spoken rather than written : oral

Tags: wordoftheday::adjective

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