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§ 1265. Tenure by which homestead is held. From and after the time the declaration is filed for record, the premises therein described constitute a homestead. If the selection was made by a married person from the community property, the land, on the death of either of the spouses, vests in the survivor, subject to no other liability than such as exists or has been created under the provisions of this title; in other cases, upon the death of the person whose property was selected as a homestead, it shall go to his heirs or devisees, subject to the power of the superior court to assign the same for a limited period to the family of the decedent; but in no case shall it be held liable for the debts of the owner, except as provided in this title. En. March 21, 1872. Am'd. 1873-4, 231; 1880, 8. Cal.Rep.Cit. 50, 543; 52, 296; 52, 297; 52, 298; 54, 501;
64, 398; 76, 531; 76, 644; 78, 312; 78, 474 ; 79, 205; 81, 219; 81, 243; 82, 10; 83, 442; 85, 74; 85, 621; 86, 120; 86, 138; 86, 153; 92, 371; 92, 519; 98, 148; 98, 478; 100, 451, 102, 341; 108, 654 ; 111, 483, 113, 30; 118, 300; 118, 301; 121, 269; 121, 653; 132, 611, Descent of homestead: See Code Civ. Proc., secs. 1474, 1475.
Property exempt from execution to be set apart for fam. ily: Code Civ. Proc., secs. 1465-1470.
Homestead set apart by probate court: Code Civ. Proc., secs. 1474 et seq.
CHAPTER III. HOMESTEAD OF OTHER PERSONS. 1266. Mode of selection. $ 1267. Declaration of homestead. 8 1268. Declaration must be recorded. $ 1269. Effect of filing for record the declaration of homestead.
$ 1266. Mode of selection. Any person other than the head of a family, in the selection of a homestead, must execute and acknowledge, in the same manner as a grant of real property is acknowledged, a "declaration of homestead.” En. March 21, 1872.
Cal.Rep.Cit. 86, 141.
& 1267. Declaration of homestead. The declaration must contain everything required by the second, tbird, and fourth subdivisions of section 1263. En. March 21, 1872.
$ 1268. Declaration must be recorded. The declaration must be recorded in the office of the county recorder of the county in which the land is situated. En. March 21, 1872.
Duty of recorder: See Pol. Code, sec. 4235.
§ 1269. Effect of filing for record the declaration of homestead. From and after the time the declaration is filed for record, the land described therein is a homestead. En. March 21, 1872.
Cal.Rep.Cit. 82, 228; 86, 141.
WILLS. Chapter I. Execution and Revocation of Wills, ff 1270
1313. II. Interpretation of Wills, 88 1317-1351. III. General Provisions Relating to Wills, &$ 1357.
EXECUTION AND REVOCATION OF WILLS. $ 1270. Who may make a will. § 1271. Monomaniac incompetent. (Repealed.) $ 1272. Will, or part thereof, procured by fraud. § 1273. Will of married women. § 1274. What may pass by will. $ 1275. Who may take by will. 8 1276. Written will, how to be executed. $ 1277. Definition of an olographic will. § 1278. Witness to add residence. § 1279. Mutual will. § 1280. Competency of subscribing witness. $ 1281. Conditional will. § 1282. Gifts to subscribing witnesses void. Creditors competent
witnesses. $ 1283. Witness who is a devisee, and who would be entitled to
share of testator's estate if no will, entitled to share to
amount of devise. $ 1284. Will made out of this state. (Repealed.) $ 1285. Will made out of state. $ 1286. Subsequent change of domicile. (Repealed.) § 1287. Republication by codicil. $ 1288. Nuncupative will, how to be executed. $ 1289. Requisites of a valid nuncupative will, $ 1290. Proof of nuncupative wills, $ 1291. Probate of nuncupative wills, $ 1292. Written will, how revoked. $ 1293. Evidence of revocation. $ 1294. Revocation by obliteration on face of will. (Repealed.) $ 1295. Revocation of duplicate. 8 1296. Revocation by subsequent will. $ 1297. Antecedent not revived by revocation of subsequent will. $ 1298. Revocation by marriage and birth of issue, $ 1299. Effect of marriage of a man on his will. $ 1300. Effect of a marriage of a woman on her will. $ 1301, Contract of sale not a revocation. $ 1302. Mortgage not a revocation of will. $ 1303. Conveyance, when not a revocation. $ 1304. When it is a revocation. $ 1305. Revocation of codicils. $ 1306. Afterborn child, unprovided for, to succeed. § 1307. Children or issue of children of testator unprovided for by
$ 1308. Share of afterborn child, out of what part of estate to be
paid. $ 1309. Advancement during lifetime of testator. $ 1310. Death of devisee, being relation of testator, in lifetime of
testator, leaving lineal descendants. $ 1311. Devises of land, how construed. § 1312 Will to pass rights acquired after the making thereof.
1313. Restriction on devise for charitable uses.
§ 1270. Who may make a will. Every person over the age of eighteen years, of sound mind, may, by last will, dispose of all his estate, real and personal, and such estate not disposed of by will is succeeded to as provided in title VII of this part, being chargeable in both cases with the payment of all the decedent's debts, as provided in the Code of Civil Procedure. En. March 21, 1872.
Ca l.Rep.Cit. 58, 516.
Wills of unmarried women revoked by marriage: Sec. 1300, infra.
Validity of will: See sections on execution of wills, secs. 1276, 1376.
$ 1272. Will, or part thereof, procured by fraud. A will, or a part of a will, procured to be made by duress, menace, (raud, or undue influence, may be denied probate; and a revocation, procured by the same means, may be declared void. En. March 21, 1872.
Contest of will: See Code Civ. Proc., sec. 1312. Undue influence as affecting contracts: See post, sec. 1575. Revocation of will: Post, sec. 1292. Contesting probate of will: Code Civ. Proc., secs. 1312 et seq.; after probate: Code Civ. Proc., secs. 1327, et seq.
$ 1273. Will of married women. A married woman may dispose of all her separate estate by will, without the consent of her husband, and may alter or revoke the will in like manner as if she were single. Her will must be executed and proved in like manner as other wills. En. Marcb 21, 1872. Am'd. 1873-4, 232. Cal.Rep.Cit. 70, 142.
§ 1274. What may pass by will. Every estate and interest in real or personal property, to which heirs, husband, widow, or next of kin might succeed, may be disposed of by will, except as otherwise provided in sections 1401 and 1402. En. March 21, 1872.
Cal.Rep.Cit. 112, 395.
1275. Who may take by will. A testamentary disposition may be made to any person capable by law of taking the property so disposed of, except corporations other than those formed for scientific, literary, or solely educational or hospital purposes, cannot take under a will, unless expressly authorized by statute. En. March 21, 1872. Am'd. 1873-4, 275; 1903, 258.
Cal.Rep.Cit. 59, 131 ; 60, 309; 63, 621; 123, 624.
Charitable uses, validity of: See post, secs. 1313 et seq., ante, sec. 847.
$ 1276. Written will, how to be executed. Every will, other than a nuncupative will, must be in writing; and every will, other than an olographic will, and a nuncupative will, must be executed and attested as follows:
1. It must be subscribed at the end thereof by the testator himself, or some person in his presence and by his direction must subscribe his name thereto;
2. The subscription must be made in the presence of the attesting witnesses, or be acknowledged by the testator to them, to have been made by him or by his authority;
3. The testator must, at the time of subscribing or acknowledging the same, declare to the attesting witnesses that the instrument is his will; and,
4. There must be two attesting witnesses, each of whom must sign his name as a witness, at the end of the will, at the testator's request, and in his presence. En. March 21, 1872.
Cal.Rep.Cit. 54, 517; 68, 519; 96, 600; 107, 6; 110, 390.