testament

Under the early English law, a term that referred to the disposition of personal property by will; i.e. by "last will and testament." The words "and testament" are no longer necessary since a will now relates to both real and personal property.

@ 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 personal chattels, without the forms and solemnities which the law requires in other cases.

See also nuncupative will

- soldier's will.

@ mutual testaments

Wills made by two persons who leave their effects reciprocally to the survivor.

@ mystic testament

A form of testament made under Spanish law which prevailed in Louisiana and California.

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 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 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 notary and the witnesses. Civ.Code La. art. 1584.

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