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An action can therefore be brought against the testamentary heir for the excess over 100 aurei.
Yet even the post-classical trust retained its independence of a testamentary heir.
(i) Trusts could be charged on persons other than a testamentary heir; on anyone in fact who received a benefit under succession to the deceased.
Widow-pension is possible, partners cannot be heirs by law (without the need for a will), but can be designated as testamentary heirs.
He was the illegitimate son and testamentary heir of Thomas Barrett-Lennard, 17th Baron Dacre (see Baron Dacre).
In sum: the classical law of trusts had already lost the advantage of capacity, but it retained the advantages of being bound to neither testamentary heir, nor form, nor formulary procedure.
The eighth Baronet married Henrietta, great-niece and testamentary heir of the noted diplomat Sir Robert Liston, and assumed the additional surname of Liston.
He addressed the issue of inheritance by forbidding false claims of paternity or of a client relationship to the deceased, and forbade his followers to leave their wealth to a testamentary heir.
Once the notion of trust had become divorced from that of dependence on a testamentary heir (which seems very soon to have happened), the way was open to set up trusts charged on beneficiaries under the will other than the heir, or even on persons who benefited where there was no will at all.