F

Latin. The making of a will. The power of making a testament, or of acquiring under a testament made by another. Under the civil law, this was a power at one time vested only in the Roman citizen, although it became more general in the time of Justinian. The testamenti factio was necessary to any participation whatever in a testament. No one could test without it, nor could a legatee benefit by the legacy bequeathed to him unless he had this power. Every testamentary tutor appointed by the testator required to have the testamenti factio, or their appointment was void. In Scotland, prior ...