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§ 1277. Definition of an olographic will. An olographic will is one that is entirely written, dated, and signed by the hand of the testator himself. It is subject to no other form, and may be made in or out of this state, and need not be witnessed. En. March 21, 1872.

Cal Rep.Cit. 58, 532; 61, 475; 64, 427; 70, 143; 100, 207; 112, 519; 135, 29.

May be proven in same manner as other private writings: Code Civ. Proc., sec. 1309.

§ 1278. Witness to add residence. A witness to a written will must write, with his name, his place of residence; and a person who subscribes the testator's name, by his direction, must write his own name as a witness to the will. But a violation of this section does not affect the validity of the will. En. March 21, 1872.

Cal.Rep.Cit. 54, 518.

1279. Mutual will. A conjoint or mutual will is valid, but it may be revoked by any of the testators, in like manner with any other will. En. March 21, 1872.

§ 1280. Competency of subscribing witness. If the subscribing witnesses to a will are competent at the time of attesting its execution, their subsequent incompetency, from whatever cause it may arise, does not prevent the probate and allowance of the will, if it is otherwise satisfactorily proved. En. March 21, 1872.

1281. Conditional will. A will, the validity of which is made by its own terms conditional, may be denied probate, according to the event, with reference to the condition. En. March 21, 1872.

Conditional devises and bequests: See post, secs. 1345 et seq.

§ 1282. Gifts to subscribing witnesses void. Creditors competent witnesses. All beneficial devises, legacies, and gifts whatever, made or given in any will to a subscribing witness thereto, are void, unless there are two other competent subscribing witnesses to the same; but a mere charge on the estate of the testator for the payment of debts does not prevent his creditors from being competent witnesses to his will. En. March 21, 1872.

Cal.Rep.Cit. 120, 315.

§ 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. If a witness, to whom any beneficial devise, legacy or gift, void by the preceding sec tion, is made, would have been entitled to any share of the estate of the testator, in case the will should not be established, he succeeds to so much of the share as would be distributed to him, not exceeding the devise or bequest made to him in the will, and he may recover the same of the other devisees or legatees named in the will, in proportion to and out of the parts devised or bequeathed to them. En. March 21, 1872. Am'd. 1873-4, 232.

§ 1284. Will made out of this state. (Repealed.) En. March 21, 1872. Rep. 1873-4, 232.

No will made out of this

§ 1285. Will made out of state. state is valid as a will in this state, unless executed according to the provisions of this chapter. En. March 21, 1872. Am'd. 1873-4, 232.

Probate of foreign wills: Code Civ. Proc., sec. 1322.

§ 1286. Subsequent change of domicile. En. March 21, 1872. Rep. 1873-4, 232.

(Repealed.)

§ 1287. Republication by codicil. The execution of a codicil, referring to a previous will, has the effect to republish the will, as modified by the codicil. En. March 21, 1872.

Cal.Rep.Cit. 94, 673; 138, 434; 138, 435; 138, 436; 138, 438.

§ 1288. Nuncupative will, how to be executed. A nuncupative will is not required to be in writing, nor to be declared or attested with any formalities. En. March 21, 1872.

How admitted to probate: Code Civ. Proc., sec. 1344.

Probating nuncupative wills: See secs. 1290, 1291, infra.

§ 1289. Requisites of a valid nuncupative will. To make a nuncupative will valid, and to entitle it to be admitted to probate, the following requisites must be observed:

1. The estate bequeathed must not exceed in value the sum of one thousand dollars.

2. It must be proved by two witnesses who were present

at the making thereof, one of whom was asked by the testator, at the time to bear witness that such was his will, or to that effect.

3. The decedent must, at the time, have been in actual military service in the field, or doing duty on shipboard at sea, and in either case in actual contemplation, fear, or peril of death, or the decedent must have been, at the time, in expectation of immediate death from an injury received the same day. En. March 21, 1872. Am'd. 1873-4, 233.

§ 1290. Proof of nuncupative wills. No proof must be received of any nuncupative will unless it is offered within six months after speaking the testamentary words, nor unless the words or the substance thereof, were reduced to writing within thirty days after they were spoken. En. March 21, 1872.

Probate of nuncupative wills: See Code Civ. Proc., sec. 1344.

§ 1291. Probate of nuncupative wills. No probate of any nuncupative will must be granted for fourteen days after the death of the testator, nor must any nuncupative will be at any time proved, unless the testamentary words, or the substance thereof, be first committed to writing, and process issued to call in the widow, or other persons interested, to contest the probate of such will, if they think proper. En. March 21, 1872.

Time of probate: See Code Civ. Proc., sec. 1345.

§ 1292. Written will, how revoked. Except in the cases in this chapter mentioned, no written will, nor any part thereof, can be revoked or altered otherwise than:

1. By a written will, or other writing of the testator, declaring such revocation or alteration, and executed with the same formalities with which a will should be executed by such testator; or,

2. By being burnt, torn, canceled, obliterated, or destroyed, with the intent and for the purpose of revoking the same, by the testator himself, or by some person in his presence and by his direction. En. March 21, 1872.

Cal.Rep.Cit. 50, 601; 101, 614; 107,
122, 229; 138, 436.

5; 107, 6; 108, 690;

§ 1293. Evidence of revocation. When a will is canceled or destroyed by any other person than the testator, the direction of the testator and the fact of such injury or destruction, must be proved by two witnesses. March 21, 1872.

§ 1294.

En.

Revocation by obliteration on face of will. (Repealed.) En. March 21, 1872. Rep. 1873-4, 233.

§ 1295. Revocation of duplicate. The revocation of a will, executed in duplicate, may be made by revoking one of the duplicates. En. March 21, 1872.

§ 1296. Revocation by subsequent will. A prior will is not revoked by a subsequent will, unless the latter contains an express revocation, or provisions wholly inconsistent with the terms of the former will; but in other cases the prior will remains effectual so far as consistent with the provisions of the subsequent will. En. March 21, 1872. Cal.Rep.Cit. 104, 568.

§ 1297. Antecedent not revived by revocation of subsequent will. If, after making a will, the testator duly makes and executes a second will, the destruction, cancellation, or revocation of such second will does not revive the first will, unless it appears by the terms of such revocation that it was the intention to revive and give effect to the first will, or unless, after such destruction, cancellation, or revocation, the first will is duly republished. En. March 21, 1872.

Cal.Rep.Cit. 108, 690.

§ 1298. Revocation by marriage and birth of issue. If, after having made a will, the testator marries, and has issue of such marriage, born either in his lifetime or after his death, and the wife or issue survives him, the will is revoked, unless provision has been made for such issue by some settlement, or unless such issue are provided for in the will, or in such way mentioned therein as to show an intention not to make such provision; and no other evidence to rebut the presumption of such revocation can be received. En. March 21, 1872.

Cal.Rep.Cit. 65, 52; 107, 7.

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§ 1299. Effect of marriage of a man on his will. If, after making a will, the testator marries, and the wife survives the testator, the will is revoked, unless provision has been made for her by marriage contract, or unless she is provided for in the will, or in such way mentioned therein as to show an intention not to make such provision; and no other evidence to rebut the presumption of revocation must be received. En. March 21, 1872.

Cal.Rep.Cit. 65, 52; 87, 647; 87, 648; 107, 7.

§ 1300. Effect of a marriage of a woman on her will. A will, executed by an unmarried woman, is revoked by her subsequent marriage, and is not revived by the death of her husband. En. March 21, 1872.

Cal.Rep.Cit. 107, 5; 107, 7.

1301. Contract of sale not a revocation. An agreement made by a testator, for the sale or transfer of property disposed of by a will previously made, does not revoke such disposal; but the property passes by the will, subject to the same remedies on the testator's agreement, for a specific performance or otherwise against the devisees or legatees, as might be had against the testator's successors, if the same had passed by succession. En. March 21, 1872.

$1302. Mortgage not a revocation of will. A charge or incumbrance upon any estate, for the purpose of securing the payment of money or the performance of any covenant or agreement, is not a revocation of any will relating to the same estate which was previously executed; but the devise and legacies therein contained must pass, subject to such charge or incumbrance. En. March 21, 1872.

§ 1303. Conveyance, when not a revocation. A conveyance, settlement or other act of a testator, by which his interest in a thing previously disposed of by his will is altered, but not wholly divested, is not a revocation; but the will passes the property which would otherwise devolve by succession. En. March 21, 1872.

See post, secs. 1304, 1310.

Ademption of legacies: See post, sec. 1357.

§ 1304. When it is a revocation. If the instrument by which an alteration is made in the testator's interest in a

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