Testament

In Civil Law. The appointment of an executor or testamentary heir, according to the formalities prescribed by law. Domat, llv.

1, tit. 1, s. 1.

At first there were only two sorts of testaments among the Romans,— that called calatis comitiis, and another called in procinctu. (See below.) In the course of time, these two sorts of testament having become obsolete, a third form was introduced, called per css et libram, which was a fictitious sale of the Inheritance to the heir apparent. The Inconveniences which were experienced from these fictitious sales again changed the form of testament and the praetor Introduced another, which required the eeal of seven witnesses. The emperors having increased the solemnity of these testaments, they were called written or solemn testaments, to distinguish them from nuncupative testaments, which A testament calatis comitiis, or made in the comltla,— that is, the assembly of the Roman people, —was an ancient manner of making wills used in times of peace among the Romans. The comltia met twice a year for this purpose. Those who wished to make such testaments caused to be convoked the assembly of the people by these words, calatis comitiis. None could make such wills that were not entitled to be at the assemblies of the people. This form of testament was repealed by the law of the Twelve Tables. A civil testament is one made according to all the forms prescribed by law, In contradistinction to a military testament, in making which some of the forms may be dispensed with. Civil testaments are more ancient than military ones; the former were in use during the time of Romulus, the latter were Introduced during the time of Coriolanus. See Hist, de la Jurisp. Rom. de M Tcrrason, p.

119.

A common testament Is one which is made jointly by several persons. Such testaments are forbidden in Louisiana. Civ. Code of La. art. 1565, and by the laws of France, Code Civ. 968, in the same words, namely: “A testament cannot be made by the same act, by two or more persons, either for the benefit of a third person or under the title of a reciprocal or mutual disposition." A testament ab irato is one made in a gust of passion or hatred against the presumptive heir, rather than from a desire to benefit the devisee When the facts of unreasonable anger are proved, the will is annulled as unjust and as not having been freely made. See Ab Ikato. A mystic testament (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. A nuncupative testament was one made verbally. See Nuncupative Wil,l. An olographic testament is one which Is written wholly by the testator himself. In order to bo valid; it must be entirely written, dated and signed by the hand of the testator. It is subject to no other form See La. Civ. Code, art.

1381.