Legal Definitions - in cujus rei testimonium

In cujus rei testimonium is a Latin phrase that translates to "in witness whereof." Historically, it was a standard introductory clause for the concluding section of formal legal documents, such as deeds, contracts, or wills. Its purpose was to signal that the parties involved were about to formally sign or execute the document, thereby attesting to the truth, validity, and binding nature of its contents and their agreement to its terms.

Essentially, this phrase served as a declaration that the signatures, seals, or other forms of authentication that followed were evidence that the document was complete, authentic, and legally binding. While the original Latin phrase is rarely used in modern English legal documents, its direct translation, "in witness whereof," continues to serve the exact same purpose today, preceding the signatures of the parties and witnesses.

Here are some examples illustrating its application:

• Example 1: A Last Will and Testament

  Imagine an individual, Sarah, drafting her last will and testament. After outlining all her wishes regarding her assets and beneficiaries, the final paragraph before her signature and those of the witnesses might begin with the modern equivalent: "In witness whereof, I have hereunto set my hand and seal this 15th day of October, 2023." This clause signifies that Sarah is formally signing the document to confirm that its contents represent her true and final wishes. The subsequent signatures of Sarah and the witnesses serve as the formal attestation, making the will a legally valid and enforceable declaration of her intent.

• Example 2: A Commercial Lease Agreement

  Consider a business, "Tech Solutions Inc.," entering into a lease agreement for office space with "Urban Properties LLC." After all the terms and conditions of the lease have been meticulously detailed, the concluding section of the document would typically state: "In witness whereof, the parties hereto have executed this Lease Agreement as of the date first above written." This phrase indicates that both Tech Solutions Inc. and Urban Properties LLC are formally agreeing to the terms laid out in the lease. The signatures of their authorized representatives that follow this clause serve as the official confirmation of their mutual consent and commitment, making the lease a legally binding contract.

• Example 3: A Formal Corporate Resolution

  Suppose the Board of Directors for "Global Innovations Corp." passes a resolution to approve a significant merger. After the resolution details the specifics of the merger and the board's decision, it might conclude with: "In witness whereof, this Resolution has been duly adopted by the Board of Directors of Global Innovations Corp. on this 20th day of June, 2024." The signatures of the corporate secretary and/or board members would then follow. This clause and the subsequent signatures formally attest that the resolution was properly passed according to corporate governance rules and accurately reflects the official decision of the board, thereby making the merger approval an authentic and enforceable corporate act.