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mystic, must be drawn up in writing, either by the testator himself or by some other person,
under his dictation.
ART. 1569.-The custom of making verbal testaments, that is to say, resulting from the mere deposition of witnesses, who were present when the testator made known to them his willy without his having committed it or caused it to be commited to writing, is abrogated.
ART. 1570.--Nuncupative testaments may be made by public act, or by act under private signature.
ART. 1571.--The nuncupative testaments by public act must be received by a notary public, in presence of three witnesses residing in the place where the will is executed, or of five witnesses not residing in the place.
This testament must be dictated by the testator, and written by the notary as it is dictated.
It must then be read to the testator in presence of the witnesses.
Express mention is made of the whole, observing that all those formalities must be fulfilled at one time, without interruption and without turning aside to other acts.
ART. 1572.—This testament must be signed by the testator; if he declares that he knows not how, or is not able to sign, express mention of his declaration, as also of the cause that hinders him froin signing, must be made in the act.
ART. 1573.-This testament must be signed by the witnesses, or at least by one of them for all, if the others cannot write.
ART. 1574.-A nuncupative testament, under private signature, must be written by the testator himself or by any other person, from his dictation; or even by one of the witnesses, in presence of five witnesses residing in the place where the will is received, or of seven witnesses residing out of that place;
Or it will suffice if, in the presence of the same
number of witnesses, the testator presents the paper, on which he has written his testament, or caused it to be written out of their presence, declaring to them that that paper contains his last will.
ART. 1575.—In either case, the testament must be read by the testator to the witnesses, or by one of the witnesses to the rest, in presence of the testator; it must be signed by the testator, if he knows how 'or is able to sign, and by the witnesses or at least by two of them, in case the others know not how to sign, and those of the witnesses who do not know how to sign, must affix their mark.
This testament is subject to no other formality than those prescribed by this and the preceding article.
ART. 1576.-In the country it suffices for the validity of nuncupative testaments under private signature, if the testament be passed in the presence of three witnesses residing in the place where the testament is received, or of five witnesses residing out of that place, provided that in this case a greater number of witnesses cannot be had.
ART. 1577.—The mystic or secrel testament, otherwise called the closed 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 of their envelope, must be closed and sealed.
The testator shall present it thus closed and sealed to the notary and to seven witnesses, or he shall cause it to be closed and sealed in their presence. Then he shall declare to the notary, in 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 nolary and the witnesses.
ART. 1578.—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. 1579.–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 niystic will.
ART. 1580.-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 at least by two wit
ART. 1581.—The olographic testament is that which is written 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, and may be made any where, even out of the Stale.
ART. 1582.-Erasures not approved by the testator are considered as not made; and words added by the hand of another, as not written.
If the erasures are not so made as to render it impossible to distinguish the words covered by them, it shall be left to the discretion of the judge to declare if he considers thcm important, and in this case only to decree the nullity of the testament.
ART. 1583.-It suffices, for the validity of a testament, that it be valid under any one of the forms prescribed by
law, however defective it may be in the form under which the testator may have intended to make it.
ART. 1584.—The following persons are absolutely incapable of being witnesses to testaments :
1. Women of what age soever;
2. Male children who have not attained the age of sixteen years complete;
3. Persons insane , deaf, dumb or blind;
4. Persons whom the criminal laws declare incapable of exercising civil functions;
ART. 1585.-Neither can testaments be witnessed by those who are constituled heirs or named legatees, under whatsoever title it
be. ART. 1586.-Mystic testaments are excepted from the preceding article.
ART. 1587.-By the residence of the witnesses in the place where the testament is executed, is understood their residence in the parish where that testament is made; that residence is necessary only when it is expressly required by law.
ART. 1588.–The formalities, to which testaments are subject by the provisions of the present section, must be observed; otherwise the testaments are null and void.
ART. 1589.-But testaments made in foreign countries, or in the states and other territories of the Union, shall take effect in this State, if they be clothed wilth all the formalities prescribed for the validity of wills in the place where they have been respeclively made.
Particular Rules on the Form of certain Testaments.
ART. 1590.—The wills of persons employed in armies in the field, or in a military expedition, may be received by a commissioned officer, in presence of two witnesses. ART. 1591.-If the testator is sick or wounded, they
may be received by the physician or surgeon attending him, assisted by two witnesses.
ART. 1592.-These testaments are subject to no other formalities than that of being reduced to writing, and being signed by the testator, if he can write, by the persons receiving them, and by the witnesses.
ART. 1593.—The testament, made in the form above prescribed, shall be pull, six months after the return of the testator to a place, where he has an opportunity to employ the ordinary forms.
ART. 1594.-Testaments, made during a voyage at sea, may be received by the captain or master, in presence of three witnesses taken by preference from among the passengers; in default of passengers, from among the
ART. 1595.-The testament made at sea, can contain no disposition in favour of any of the persons employed on board the vessel, unless they be relations of the testator.
ART. 1596.- This testament, like the preceding one, is subject to no other formality than that of being reduced to writing, and being signed by the testator, if he can write, by him who receives it, and by those in whose presence it is received.
ART. 1597.-The testament made at sea shall not be valid unless the testator dies at sea, or within three months after he has landed in a place, where he is able to make it in the ordinary forms.
Of Testamentary Dispositions. ART. 1598.- Testamentary dispositions are either universal, under an universal title, or under a particular title.
Each of these dispositions, whether it be made under