Testament
Black's Law Dictionary · Henry Campbell Black, M.A. · 1910
Black's Law Dictionary
A disposition of personui property to take place after the owner's decease, according to his desire and direction. Pluche v. Jones, 54 Fed. 865, 4 C. C. A. 622; Aubert's Appeal, 109 Pa. 447, 1 Atl. 336; Conklin v. Egerton, 21 Wend. (N. Y.) 436; Ragsdale v. Booker, 2 Strob. Eq. (S. C.) 348. A testament is the act of last will, clothed with certain solemnities, by which the testator disposes of his property, either universally, or by universal title, or by particular title. Civ. Code La. art. 1571. Strictly speaking, the term denotes only a will of personal property; a will of land not being called a "testament." The word "testament" ls now seldom used, except in the heading of a formal will, which usually begins: "This Is the last will and testament of me, A. B.," etc. Sweet. Testament is the true declaration of a man's last will as to that which he would have to be done after his death. It is compounded, according to Justinian, from testatio mentis; but the batter opinion is that it is a simple word formed from the Latin testor, and not a compound word. Mozley & Whitley.
— Military testament. In English law. A nuncupative will, that is, one made by word of mouth, by which a soldier may dispose of his goods, pay, and other pers6nal chattels, without the forma and solemnities which the law requires in other cases. St. 1 Viet. c. 26, § 11.
— Mutual testaments. Wills made by two persons who leave their effecte reciprocally to the survivor.
— Mystic testament. In the law of Louisiana. A sealed testament. The mystic or secret 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 contuining 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 seven witnesses, or he shall cause it to be closed and sealed iu their presence. Then he shall declare to the notary, in presence of the Withesses, 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. Civ. Co.de La. art. 1584.