In the execution of a closed will, the following formalities shall be observed:
(1) The paper on which the will is drafted shall be placed in a closed and sealed envelope in such a manner that the former cannot be extracted without breaking the seal.
(2) The testator shall appear with the will closed and sealed, or shall close and seal it at the time in the presence of the notary who is to authenticate it and of five competent witnesses, of whom three, at least, must be able to sign.
(3) The testator shall declare, in the presence of the notary and of the witnesses, that the envelope he presents contains his will, stating if it is written, signed, and rubricated by him at the foot, or if written by another, and signed by him at the end and on all of its leaves, or if, because he does not know how or cannot sign, another person has done it for him, at his request.
(4) On the wrapper of the will, the notary shall draft the proper memorandum of its execution, specifying the number and marks of the seals with which it is closed, and certifying that the said formalities have been observed, to his acquaintance with the testator or to the identification of his person, in the manner prescribed in §§ 2150 and 2151 of this title, and to the testator having, in his judgment, the necessary legal capacity to execute a will.
(5) After the memorandum has been drafted and read it shall be signed by the testator and by the witnesses who know how to sign, and the notary shall authenticate it with his mark and signature.
If the testator does not know how or cannot sign, one of the attesting witnesses or any other person designated by the former shall do so in his name.
(6) This circumstance shall also be stated in the memorandum, as well as the place, hour, day, month, and year of the execution.
History —Civil Code, 1930, § 657.