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A Last Will & Testament coveyed by word of mouth in 1782.

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David Allen Lambert

David Allen Lambert
NEHGS Online Genealogist

Question:  I am trying to determine what legal term for a Last Will & Testament that was conveyed by word of mouth in 1782.  I have a copy of a letter from New Hampshire in which the deceased had previoulsy conveyed his estate in front of two witnesses.  But the state did not approve it the verbal will.


Answer:  This type of probate is referred to as a "nuncupative will".  In the case where a written will is not present, and is conveyed by word of mouth. 

Posted by David Lambert at 02/27/2012 05:05:46 PM | 

A noncupative, often a "deathbed will," must be witnessed by two persons and can only deal with the disposition of personal property.
Posted by: ( Email | Visit ) at 2/27/2012 5:41 PM

A noncupative will in N.H., from colonial times into the 19th century, required three witnesses to be valid: see Dockum v. Robinson, 26 N.H. 372, 381-2 (1853).
Posted by: Bob Emery ( Email ) at 2/28/2012 2:12 PM

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