Voluntas Testatoris Pro Lege Habetur Law and Legal Definition
Voluntas testatoris pro lege habetur is a legal maxim in Latin. The maxim states that the will of the testator is regarded as the law of the case.
The following is an example of a case law referring to the maxim:
It may be conceded that, in ordinary cases where two executors are named in a will, both must join in the execution of the powers conferred therein. But, it also must be conceded, that the testator may make dispositions in his will to vary this legal rule. The intention of the testator to be gathered from the instrument itself, is the guide. When that is ascertained, it becomes the law of the case. This is the rule of the common law. It is more especially the rule of the civil law, and of the Spanish and Mexican law. "Voluntas testatoris pro lege habetur." [Panaud v. Jones, 1 Cal. 488, 511 (Cal. 1851)].
Legal Definition list
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