英文法律词典 T-19

时间：2008-03-26 02:41:43

（单词翻译:单击）

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
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
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
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
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
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
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
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
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
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
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
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。