[ad. L. testāt-us, pa. pple. of testāri (also testāre) to bear witness, attest, make one’s will, etc.]
A. adj. 1. That has left a valid will at death.
1475. Rolls of Parlt., VI. 139/1. Persones diyng Testate and Intestate.
1589. Warner, Alb. Eng., V. xxvii. (1612), 136. Nor all die testate.
1726. Ayliffe, Parergon, 132. The lawful Distribution of the Goods of Persons dying both Testate and Intestate.
1906. Times, 27. July, 3/6. He clearly desired when he died to die testate and not intestate.
2. transf. Disposed of or settled by will. Testate duty, succession duty on an estate passing by will.
1792. J. Belknap, Hist. New Hampsh., III. 273. All matters relative to the settlement and descent of estates, testate and intestate.
1875. Poste, Gaius, II. Comm. (ed. 2), 229. His succession was partly intestate, partly testate.
1880. Gladstone, Sp. Ho. Comm., 15 March. Between 1,000l. and 1,500l, the old testate duty was 30l.; the new … is to be 31l.
B. sb. † 1. One who has given testimony; a witness; also (app.) testimony, evidence. Obs.
1619. Brathwait, New Spring, C ij b. When thousand Testates shall produced be, For to disclose their close hypocrisie.
1624. Heywood, Captives, III. ii., in Bullen, O. Pl., IV. 162. Is thy hart sear’d … Against just testates and apparent truthes? Ibid. (1635), Hierarch., VI. 357. The Stoicks Testates were to that Conviction.
1652. J. Wright, trans. Camus’ Nat. Paradox, a j. Reader, this Testate is just.
† 2. The final protocol of a royal writ; = TESTE2 2.
a. 1604. Hanmer, Chron. Irel. (1809), 345. He granted a Charter to the towne of Kilkenny … with the testate of Thomas Fitz Antony.
1641. Earl Monm., trans. Biondi’s Civil Warres, I. 3. Such gifts being of no validity without a testate of the great Seale.
3. One who at death has left a valid will.
1864. in Webster.
1871. Daily News, 21 April, 2. To place all personal property, whether of testates or intestates, on the same scale … of a 2 per cent. duty.
