Daily AncestorNuncupative will
A nuncupative will is an oral will, spoken before witnesses, usually by someone near death, and written down afterward.
A nuncupative will was spoken aloud rather than written, typically by a person on a deathbed who could not make a written will in time. Witnesses later wrote down and swore to what was said.
Most states do not accept them today, and those that do limit them; New York, for example, allows them for members of the armed forces and mariners. The witnesses' statements often describe the last illness and who was present.
As seen in a recordCounty probate court record, 1800s
Memorandum of the nuncupative will of Jas. Tate, spoken in his last sickness in our presence.
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Daily Ancestor. "Nuncupative will." Dictionary of Old Record Words. https://dailyancestor.com/dictionary/legal-land/nuncupative-will. Last checked 2026-10-01.