The Florida law barring nuncupative
wills was apparently designed to bar deathbed wills, and lawyers arguing for Isleno's Argentine will stressed the point that it was clearly not dictated on her deathbed.
A century and a half later, the statutory provision for nuncupative
wills disappeared in England.
Except where a "holographic will" (one written entirely in the testator's handwriting) or an oral ("nuncupative
") will is allowed, wills must meet certain legal requirements.
The Code of Civil Procedure also recognizes nuncupative
In the autumn of 1459, by the terms of a nuncupative
will, John Paston had inherited the estates of his neighbour and patron, the soldier Sir John Fastolf, who had died without issue.
Thomas Hartwright was typical, writing in 1650 that "at present" he was "under the chastining hand of Almighty God in greate weaknesse of Body."(49) A few of the written wills and most of the nuncupative
, or oral, wills include the depositions of witnesses who testified that the testators were on their deathbed.
(15) His nuncupative
will describes him as `late servant to the kynges nowbull grace': Lg, 9171/10, f.52v, 14 Aug 1524.
Ellam's will(5) and the nuncupative
will of his son John were both made in October, and proved on 24 November by Richard Hudson, to whom Ellam had bequeathed his house in Silver Street in the event of John's death.
Some states allow oral (nuncupative
) wills, while others require that oral wills be reduced to writing within a specified period, e.g., 30 days.
(92) At six o'clock that same evening, perhaps right after the funeral, Alice sent for Thomas Stallard, Doctor of Divinity, William Horne, and "divers others" (apparently several female servants), and made her nuncupative
There seems little doubt that John's relationship with his brother was severely strained over political and religious differences, but their involvement was nonetheless sustained, up to and including Christopher's dubious participation in John's nuncupative
This was also an area where most of London's Italian merchant community lived--usually some of the richest foreigners in England.(69) The children of the Bassani/Locatello alliance were all baptized and, in some cases buried, in the church of St Olave Hart Street.(70) One of the witnesses of Jaspar's nuncupative
testament was Frances Binson, another Venetian.