One may die testate as to a part, and intestate as to the rest, of his property. See generally INFLUENCE; INSANITY, 2 (5); LETTER, 4; REPRESENTATIVE (1); WILL, 2. L. A witness. Testari: to be a witness, bear witness to; to be witnessed, shown, certified. Derivatives: attest, contest, protest, testify, testimony, testacy, testator, testament, intestate. Nemo testis esse debet in propria sua causa. No one should be a witness in his own cause. One cannot testify in his own behalf. This common-law rule has been very generally abrogated. See further WITNESS. 1 See McDonald v. Elfes, 61 Ind. 234 (1878); 13 id. 389; 17 id. 272, 95; 18 id. 443; 63 Iowa, 235. 2 Frick v. Barbour, 64 Pa. 121 (1870). 2 Story, Eq. §§ 1505, 1513; 3 Bl. Com. 450. As to contracts for the production of testimony, see Cobb v. Cowdery, 40 Vt. 25 (1867), cases: 94 Am. Dec. 375-78, cases. 1 Greenl. Ev. §§ 128, 311, 331, 333, 339, 340, 343, 349, 862, 379, 386, 390, 411, 537. Test'. An abbreviation of testis, a witness, or of teste, being a witness. The attestation of the foreman of a grand jury that a bill has been found or ignored may be certified in Pennsylvania in the words "test. pro reipublicæ, AB-." Testamentum. A will of personalty; a will of any species of property. Cum testamento anпехо. With the will annexed - to letters of administration, q. v. Ex testamento. From a will; under a will; by force or virtue of a will. Opposed, ab intestato: from an intestate. Expressions used to indicate the origin of property. Omne testamentum consummatum morte est. Every will is perfected by the death: a will is of no effect till after the death of the maker-up to the last moment of life is ambulatory, q. v. Testamentum inofficiosum. An undutiful will; a will made in disregard of the obligations of nature or parentage. The Romans set aside testaments as inofficiosa, that is, deficient in natural duty, if they disinherited "children" without assigning sufficient reason. But if a child received any legacy, though ever so small, it was proof that the testator had not lost his memory or reason, which, otherwise, the law presumed, and no contest of the will was allowed. From this has arisen the groundless notion that to disinherit an heir he must be left a shilling or some other express legacy.1 "Children" " meant natural and domestic heirs. They were non-disinheritable because considered as having a property in the father's effects, and as entitled to the management of his estate. An action, called querela inofficiosi testamenti, was introduced to rescind any such will, made without just cause. But the parent, by charging his estate with debts, could render succession unprofitable.2 Testandi. See ANIMUS. Testatum. It is witnessed, or testified. At common law, when a defendant who was to be arrested on a capias could not be found within the sheriff's bailiwick the writ was returned, and another writ, called the testatum capias, was directed to the sheriff of the county where the defendant was supposed to be, reciting the former writ, and that "it is testified' that the defendant lurks in your bailiwick," and then commanded that he be taken, as in the case of the former capias. At present, when the action is brought in one county and the defendant lives iu another, to save trouble, time, and expense it is usual to make out a testatum at first, supposing a former writ to have been granted.3 A testatum execution is a writ of execution (either a fieri facias or a capias ad respondendum) issued 12 Bl. Com. 502; Hadley, Rom. Law, 317. 22 Kent, 327; 2 Addams, 449; 3 id. 207. $3 Bl. Com. 282-83.