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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;

5. Slaves.

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,

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 the name of institution of heir, or under the name of legacy, shall have its effect, according to the rules hereafter established for universal legacies, for legacies under an universal title, and for particular legacies.


Of Universal Legacies.


ART. 1599.-An universal legacy is a testamentary disposition, by which the testator gives to one or several persons the whole of the property which he leaves at his decease.

ART. 1600.-When, at the decease of the testator, there are heirs to whom a certain proportion of the property is reserved by law, these heirs are seized of right, by his death, of all the effects of the succession, and the universal legatee is bound to demand of them the delivery

of the effects included in the testament. ART. 1601,-Nevertheless, in the same case, the universal legatee will have the enjoyment of the effects included in the testament, from the day of the decease, if the demand for the delivery has been made within

year from that period; if not, this enjoyment will only commence from the day of the judicial demand, or from the day on which the delivery has been agreed upon.

ART. 1602.—When, at the decease of the testator, there are no heirs, to whom a proportion of his property is reserved by law, the universal legatee, by the death of the testator, is seized of right of the effects of the succession, without being bound to demand the delivery thereof.

ART. 1603.-The universal legatee, who concurs with an heir to whom the law has reserved a certain proportion of the effects of the succession, is bound for the debts and charges of the succession personally for his part and proportion, and in case of mortgage on his part, for the whole; and he is bound to discharge all the legacies, saving the case of reduction.


S II. Of Legacies under an Universal Title. ART. 1604.-The legacy, under an universal title, is that by which a testator bequeaths a certain proportion of the effects of which the law permits him to dispose, as an half, a third, or all his immoveables, or all his moveables, or a fixed proportion of all his immoveables or of all his moveables.

ART. 1605.-Legatees under an universal title are bound to demand the delivery of the heirs, to whom a proportion of the effects is reserved by law; in default of heirs, of the universal legalees; and in default of those, of the next heirs in the order established in the lille of successions.

ART. 1606. - The legatee under an universal title is hound, like the universal legatee, for the debts and charges of the succession, personally for his part, and in case of mortgage on his portion, for the whole.

ART. 1607.-When the testator has disposed only of a proportion of the disposable portion, and has done it under an universal title, the legatee under this title is bound to contribute with his natural heirs to the payment of particular legacies.

ART. 1608.- In no case can the instituted heir, under whatever title he may be, claim the falcidian portion, that is, the fourth which the law authorized the teslamentary heir to retain from the succession, in case more than three-fourths of it were absorbed by the legacies; this right being abolished.


Of Disinherison. ART. 1609.-Forced heirs may be deprived of their legitime, or legal portion, and of the seisin granted them by law, by the effect of disinherison by the testator, for just cause, and in the manner hereafter prescribed.

Art. 1610.-A disinherison, to be valid, must be made in one of the forms prescribed for testaments. ** ART. 1611.— The disinherison must be made by name and expressly, and for a just cause, otherwise it is null.

ART. 1612.—There are no just causes of disinherison but those expressly recognized by law, in the following articles.

ART. 1613.-The just causes for which parents may disinherit their children, are ten in number, to wit:

1. If the child has raised his or her hand to strike the parent, or if he or she has really struck the parent; but a mere Ihreat is not sufficient;

2. If the child has been guilty, towards a parent, of cruelty, of a crime or grievous injury;

3. If the child has attempted to take the life of either parent;

4. If the child has accused a parent of any capital crime, except, however, that of high treason;

5. If the child has refused sustenance to a parent, having the means to afford it;

6. If the child has neglected to take care of a parent, become insane;

7. If the child refused to ransom them, when detained in captivity;

8. If the child used any act of violence or coercion to hinder a parent from making a will;

9. If the child has refused to become securily for a

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