Testament
A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839
A Law Dictionary, Adapted to the Constitution and Laws of the United States
MYSTIC, a term used in the civil law. A mystic testament is also called a solemn testament, because it requires more formality than a nuncupative testament, is a form of making a will, which consists principally in enclosing it in an envelope and sealing it in the presence of witnesses. 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, 1s 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 seven witnesses, or he shall cause it to be closed and sealed in their presence; then he shall declare to the notary, in the presence of the witnesses, that that rection, 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.
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 shal] 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 witnesscs to the act of superscription knows not how to sign, express mention shall be made thereof. Ia all cases the act must be signed by at least two witnesses.
Art. 1580.