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Bouvier's Law Dictionary, Revised 6th Edition (1856)

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. Secondly,
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 husband to the particular will. When a woman makes a will
under some general agreement on the part of the husband 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 duress. 2 Bl. Com. 497; 2 Bouv.
Inst. n. 2102, et seq. See Devisor; Duress; Feme covert;, Idiot; Influence;
Parties to Contracts; Testament; Wife; Will.

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