INTESTATE. One who, having lawful power to make a will, has made none,
or one which is defective in form. In that case, he is said to die
intestate, and his estate descends to his heir at law. See Testate.
2. This term comes from the Latin intestatus. Formerly, it was
used in France indiscriminately with de confess; that is, without
confession. It was regarded as a crime, on account of the omission of
the deceased person to give something to the church, and was punished by
privation of burial in consecrated ground. This omission, according to
Fournel, Hist. des Avocats, vol. 1, p. 116, could be repaired by making
an ampliative testament in the name of the deceased. See Vely, tom. 6,
page 145; Henrion De Pansey, Authorite Judiciare, 129 and note. Also, 3
Mod. Rep. 59, 60, for the Law of Intestacy in England.
A Law Dictionary, Adapted to the Constitution and Laws of the United
States. By John Bouvier. Published 1856.
