英文法律词典 T-19
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TESTAMENTARY. Belonging to a testament1; as a testamentary gift; a testamen-tary guardian2, or one appointed by will or testament; letters testamentary, or a writing under seal given by an officer lawfully4 authorized5, granting power to one named as executor to execute a last will or testament.

TESTATE. One who dies having made a testament; a testator. This word is used in this sense, in the act of the legislature of Pennsylvania, entitled "An act relative to dower and for other purposes." Sect6. 2, 5 Sm. Laws, 257.

TESTATOR. One who has made a testament or will.

2. In general, all persons may be testators. But to this rule there are various exceptions. First, persons who are deprived of understanding cannot make wills; idiots, lunatics and infants, are among this class. Secondly7, persons who have understanding, but being under the power of others, cannot freely exercise their will; and this the law presumes to be the case with a married woman, and, therefore, she cannot make a will without the express consent of her hushand to the particular will. When a woman makes a will under some general agreement on the part of the hushand that she shall make a will, the instrument is not properly a will, but a writing in the nature of a will or testament. Thirdly, persons who are deprived of their free will cannot make a testament; as, a person in duress8. 2 Bl. Com. 497; 2 Bouv. Inst. n. 2102, et seq. See Devisor; Duress; Feme covert9;, Idiot; Influence; Parties to Contracts; Testament; Wife; Will.

TESTATRIX. A woman who makes a will or testament, is so called.

TESTATUM, practice. The name of a writ3 which is issued by the court of one county, to the sheriff of another county, in the same state, when the defen-dant cannot be found in the county where the court is located; for example, after a judgment10 has been obtained, and a ca. sa. has been issued, which has been returned non est inventus, a testatum ca. sa. may be issued to the sheriff of the county where the defendant11 is. Vide 20 Vin. Ab. 259; 7 Com. Dig. 424.



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1 testament yyEzf     
n.遗嘱;证明
参考例句:
  • This is his last will and testament.这是他的遗愿和遗嘱。
  • It is a testament to the power of political mythology.这说明,编造政治神话可以产生多大的威力。
2 guardian 8ekxv     
n.监护人;守卫者,保护者
参考例句:
  • The form must be signed by the child's parents or guardian. 这张表格须由孩子的家长或监护人签字。
  • The press is a guardian of the public weal. 报刊是公共福利的卫护者。
3 writ iojyr     
n.命令状,书面命令
参考例句:
  • This is a copy of a writ I received this morning.这是今早我收到的书面命令副本。
  • You shouldn't treat the newspapers as if they were Holy Writ. 你不应该把报上说的话奉若神明。
4 lawfully hpYzCv     
adv.守法地,合法地;合理地
参考例句:
  • Lawfully established contracts shall be protected by law. 依法成立的合同应受法律保护。 来自口语例句
  • As my lawfully wedded husband, in sickness and in health, till death parts us. 当成是我的合法丈夫,无论疾病灾难,直到死亡把我们分开。 来自电影对白
5 authorized jyLzgx     
a.委任的,许可的
参考例句:
  • An administrative order is valid if authorized by a statute.如果一个行政命令得到一个法规的认可那么这个命令就是有效的。
6 sect 1ZkxK     
n.派别,宗教,学派,派系
参考例句:
  • When he was sixteen he joined a religious sect.他16岁的时候加入了一个宗教教派。
  • Each religious sect in the town had its own church.该城每一个宗教教派都有自己的教堂。
7 secondly cjazXx     
adv.第二,其次
参考例句:
  • Secondly,use your own head and present your point of view.第二,动脑筋提出自己的见解。
  • Secondly it is necessary to define the applied load.其次,需要确定所作用的载荷。
8 duress DkEzG     
n.胁迫
参考例句:
  • He claimed that he signed the confession under duress.他说他是被迫在认罪书上签字的。
  • These unequal treaties were made under duress.这些不平等条约是在强迫下签订的。
9 covert voxz0     
adj.隐藏的;暗地里的
参考例句:
  • We should learn to fight with enemy in an overt and covert way.我们应学会同敌人做公开和隐蔽的斗争。
  • The army carried out covert surveillance of the building for several months.军队对这座建筑物进行了数月的秘密监视。
10 judgment e3xxC     
n.审判;判断力,识别力,看法,意见
参考例句:
  • The chairman flatters himself on his judgment of people.主席自认为他审视人比别人高明。
  • He's a man of excellent judgment.他眼力过人。
11 defendant mYdzW     
n.被告;adj.处于被告地位的
参考例句:
  • The judge rejected a bribe from the defendant's family.法官拒收被告家属的贿赂。
  • The defendant was borne down by the weight of evidence.有力的证据使被告认输了。
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