testament 音标拼音: [t'ɛstəmənt]
n . 圣约,与神的誓约,圣约书,遗嘱
圣约,与神的誓约,圣约书,遗嘱
testament n 1 :
a profession of belief ; "
he stated his political testament "
2 :
a legal document declaring a person '
s wishes regarding the disposal of their property when they die [
synonym : {
will },
{
testament }]
3 :
strong evidence for something ; "
his easy victory was a testament to his skill "
4 :
either of the two main parts of the Christian Bible Testament \
Tes "
ta *
ment \,
n . [
F .,
fr .
L .
testamentum ,
fr .
testari to be a witness ,
to make one '
s last will ,
akin to testis a witness .
Cf . {
Intestate }, {
Testify }.]
1 . (
Law )
A solemn ,
authentic instrument in writing ,
by which a person declares his will as to disposal of his estate and effects after his death .
[
1913 Webster ]
Note :
This is otherwise called a will ,
and sometimes a last will and testament .
A testament ,
to be valid ,
must be made by a person of sound mind ;
and it must be executed and published in due form of law .
A man ,
in certain cases ,
may make a valid will by word of mouth only .
See {
Nuncupative will },
under {
Nuncupative }.
[
1913 Webster ]
2 .
One of the two distinct revelations of God '
s purposes toward man ;
a covenant ;
also ,
one of the two general divisions of the canonical books of the sacred Scriptures ,
in which the covenants are respectively revealed ;
as ,
the Old Testament ;
the New Testament ; --
often limited ,
in colloquial language ,
to the latter .
[
1913 Webster ]
He is the mediator of the new testament . . .
for the redemption of the transgressions that were under the first testament . --
Heb .
ix .
15 .
[
1913 Webster ]
{
Holographic testament },
a testament written wholly by the testator himself . --
Bouvier .
[
1913 Webster ]
Testament occurs twelve times in the New Testament (
Heb .
9 :
15 ,
etc .)
as the rendering of the Gr .
diatheke ,
which is twenty times rendered "
covenant "
in the Authorized Version ,
and always so in the Revised Version .
The Vulgate translates incorrectly by testamentum ,
whence the names "
Old "
and "
New Testament ,"
by which we now designate the two sections into which the Bible is divided . (
See {
BIBLE }.)
TESTAMENT ,
civil law .
The appointment of an executor or testamentary heir ,
according to the formalities prescribed by law .
Domat ,
Liv .
1 ,
tit .
1 ,
s .
1 .
2 .
At first there were only two sorts of testaments among the Romans that called calatis comitiis ,
and another called in procinctu . (
See below .)
In the course of time these two sorts of testament having become obsolete ,
a third form was introduced ,
called per aes et libram ,
which was a fictitious sale of the inheritance to the heir apparent .
The inconveniences which were experienced from these fictitious sales again changed the form of testaments ;
and the praetor introduced another which required the seal of seven witnesses .
The emperors having increased the solemnity of those testaments ,
they were called written or solemn testaments ,
to distinguish them from nuncupative testaments which could be made without writing .
Afterwards military testaments were introduced ,
in favor of soldiers actually engaged in military service .
3 .
Among the civilians there are various kinds of testaments ,
the principal of which are mentioned below .
4 .
A civil testament is one made according to all the forms prescribed by law ,
in contradistinction to a military testament ,
in making which some of the forms may be dispensed with .
Civil testaments are more ancient than military ones ;
the former were in use during the time of Romulus ,
the latter were introduced during the time of Coriolanus .
See Hist .
de la Jurisp .
Rom .
de M .
Terrason ,
p .
119 .
5 .
A common testament is one which is made jointly by several persons .
Such testaments are forbidden in Louisiana ,
Civ .
Code of Lo .
art .
1565 ,
and by the laws of France ,
Code Civ .
968 ,
in the same words ,
namely , "
A testament cannot be made by the same act ,
by two or more persons ,
either for the benefit of a third person ,
or under the title of a reciprocal or mutual disposition ."
6 .
A testament calatis comitiis ,
or made in the comitia ,
that is ,
the assembly of the Roman people ,
was an ancient manner of making wills used in times of peace among the Romans .
The comitia met twice a year for this purpose .
Those who wished to make such testaments caused to be convoked the assembly of the people by these words ,
calatis comitiis .
None could make such will '
s that were not entitled to be at the assemblies of the people .
This form of testament was repealed by the law of the Twelve Tables .
7 .
Testament ab irato ,
a term used in the civil law .
A testament ab irato ,
is one made in a gust of passion or hatred against the presumptive heir rather than from a desire to benefit the devisee .
When the facts of unreasonable anger are proved ,
the will is annulled as unjust ,
and as not having been freely made .
Vide Ab irato .
8 .
A mystic testament is also called a solemn testament ,
because it requires more formality than a nuncupative testament ;
it is a form of making a will ,
which consists principally in enclosing it in an envelope and sealing it in the presence of witnesses .
9 .
This kind of testament is used in Louisiana .
The following are the provisions of the civil code of that state on the subject ,
namely :
the mystic or secret testament ,
otherwise called the close testament ,
is made in the following manner :
the testator must ,
sign his dispositions ,
whether he has written .
them himself ,
or has caused them to be written by another person .
The paper containing ,
those dispositions ,
or the paper serving as their envelope ,
must be closed and sealed .
The testator shall present it thus closed and sealed to the notary and to witnesses ,
or he shall cause it to be and sealed in their presence ;
then he shall declare to the notary ,
in the presence of the witnesses ,
that that paper contains his testament written by himself ,
or by another by his direction ,
and signed by him ,
the testator .
The notary shall then draw up the act of superscription ,
which shall be written on that paper ,
or on the sheet that serves as its envelope ,
and that act shall be signed by the testator ,
and by the notary and the witnesses .
Art .
1577 ,
5 M .
R .
1 82 .
All that is above prescribed shall be done without interruption or turning aside to other acts ;
and in case the testator ,
by reason of any hindrance that has happened since the signing of the testament ,
cannot sign the act of superscription ,
mention shall be made of the declaration made by him thereof ;
without its being necessary ,
in that case ,
to increase the number of witnesses .
Art .
1578 .
Those who know not how ,
or are not able to write ,
and those who know not how ,
or are not able to sign their names ,
cannot make dispositions in the form of the mystic will .
Art .
1579 .
If any one of the witnesses to the act of superscription knows not how to sign ,
express mention shall be made thereof .
In all cases the act must be signed by at least two witnesses .
Art .
1580 .
10 .
Nuncupative ,
testament ,
a term used in the civil law .
A nuncupative testament was one made verbally ,
in the presence of seven witnesses ;
it was not necessary that it should have been ,
in writing ;
the proof of it was by parol evidence .
11 .
In Louisiana ,
testaments ,
whether nuncupative or mystic ,
must be drawn up in writing ,
either by the testator himself ,
or by some other person under his dictation .
Civil Code of Lo .
art .
1568 .
The custom of making verbal statements ,
that is to say ,
resulting from the mere deposition of witnesses ,
who were present when the testator made known to them his will ,
without his having committed it ,
or caused it to be committed to writing ,
is abrogated .
Id .
art .
1569 .
Nuncupative testaments may be made by public act ,
or by act under private signature .
Id .
art .
1570 .
See Will ,
nuncupative .
12 .
Olographic testament ,
a term used in the civil law .
The olographic testament is that which is written wholly by the testator himself .
In order to be valid ,
it must be entirely written ,
dated ,
and signed by the hand of the testator .
It is subject to no other form .
See Civil Code of Lo .
art .
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