What is the difference between a ‘testament testamentar’ and a ‘testament dative’?

Briefly, a ‘testament testamentar’, as well as containing the statutory clauses, includes a full copy of the will made by the deceased – if one was drawn up – and confirms executor(s) appointed by him or her in it. If for any reason a copy of the will is not actually included, reference is made to it having been recorded elsewhere, probably in the court’s Registers of Deeds. This sometimes happened after 1804 when statutory changes came about. A ‘testament dative’, on the other hand, was the document drawn up entirely by the court for the sole purpose of appointing and confirming executor(s) to administer the deceased’s estate. It does not include a copy will (because no will was written), and therefore does not indicate how the deceased’s possessions were to be disposed of.