Also known as:hiis testibus · hijs testibus · witnesses · attestation clause
Written by attorneys · grounded in primary & secondary sources — see below
A historical introductory clause in deeds and charters that lists the names of the attesting witnesses to the instrument.
Sources & Authorities· 37 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
How it applies
Common Examples
6
Deed Execution With Witnesses
Hugo Hart conveys land to Harriet Hamilton by deed. The instrument opens with the his testibus clause naming two attesting witnesses who sign in the grantor's presence. The deed satisfies every formal requirement and passes valid title upon delivery.
Deed In Criminal Proceeding Context
Henry Hoffman executes a deed to transfer property that later becomes evidence in a prosecution. The his testibus clause identifies the witnesses who observed the signing. The clause supplies the required attestation and supports the deed's authenticity at trial.
Deed Recorded In Proper District
Heidi Henderson grants real property to Henry Harrison. The deed contains the his testibus clause listing the attesting witnesses. Because the instrument meets all formalities it is recorded in the district where the land lies and title passes without challenge.
Hamid Hassan transfers property to Horizon Realty. The his testibus clause names the witnesses who signed the deed. The clause confirms proper execution and prevents any later claim that bias tainted the instrument's attestation.
Deed Supporting Benefit Eligibility
Harriet Hamilton receives a deed from Highland Farms. The his testibus clause lists the witnesses to the conveyance. The properly attested deed establishes her property interest and protects continued receipt of need-based benefits.
Deed Transferred For Convenience
Henry Hoffman conveys land to Harbor National Bank. The his testibus clause identifies the attesting witnesses. The deed's formal execution allows the court to transfer the resulting action to a more convenient district without jurisdictional objection.
Common questions
Frequently Asked
3
What does the his testibus clause accomplish in a deed?+
The clause introduces the names of the witnesses who observed the grantor's execution of the instrument. It supplies the attestation required in some jurisdictions and confirms that the deed was signed in the presence of the listed witnesses.
When did the his testibus clause fall out of use?+
The clause appeared in deeds and charters until the sixteenth century. After that period, deeds adopted different attestation formats that no longer began with these Latin words.
Does every valid deed require a his testibus clause today?+
Modern deed statutes focus on a writing, identification of parties, words of conveyance, property description, grantor signature, and delivery. Some jurisdictions still require witnesses or acknowledgment for recording, but the specific Latin clause is no longer mandated.
5 U.S. (1 Cranch) 137 (1803)Property
…Secretary be permitted to give extracts from the executive journals, the request was denied. The applicants therefore summoned witnesses to attend court whose voluntary affidavits they could not obtain. Mr. Lee read the affidavit of Dennis Ramsay and the printed journals of the Senate of 31 January 1803 respecting the…