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sense, unless a clear intention to use them in another sense can be collected, and that other can be ascertained. En. March 21, 1872.

Cal.Rep.Cit. 58, 404; 74, 368; 123, 143; 132, 671.

$ 1325. Words to receive an operative construction. The words of a will are to receive an interpretation which will give to every expression some effect, rather than one which will render any of the expressions inoperative. En. March 21, 1872.

Cal.Rep.Cit. 58, 404; 99, 648; 132, 177.
See ante, sec. 1321.

$ 1326. Intestacy to be avoided. Of two modes of interpreting a will, that is to be preferred which will prevent a total intestacy. En. March 21, 1872.

Cal.Rep.Cit. 104, 568; 123, 143; 123, 343; 132, 566.

$ 1327. Effect of technical words. Technical words in a will are to be taken in their technical sense, unless the context clearly indicates a contrary intention. En. March 21, 1872.

Cal.Rep.Cit. 74, 368.

$ 1328. Technical words not necessary. Technical words are not necessary to give effect to any species of disposi. tion by a will. En. March 21, 1872.

$ 1329. Certain words not necessary to pass a fee. The term “heirs," or other words of inheritance, are not requisite to devise a fee, and a devise of real property passes all the estate of the testator, unless otherwise limited. En. March 21, 1872.

Cal.Rep.Cit. 138, 440.

Words of succession not necessary to transfer a fee: See ante, sec. 1072.

$ 1330. Power to devise, how executed by terms of will. Real or personal property embraced in a power to devise passes by a will purporting to devise all the real or personal property of the testator. En. March 21, 1872.

Cal.Rep.Cit. 107, 598; 132, 558.

$ 1331. Devise or bequest of all real or all personal property, or both. A devise or bequest of all the testator's

real or personal property, in express terms, or in any other terms denoting his intent to dispose of all his real or personal property, passes all the real or personal property which he was entitled to dispose of by will at the time of his death. En. March 21, 1872.

Cal.Rep.Cit. 81, 242.
See ante, secs. 1303, 1311, 1312.
General and specific legacies: See post, sec. 1357.

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$ 1332. Residuary clause. A devise of the residue of the testator's real property passes all the real property which he was entitled to devise at the time of his death, not otherwise effectually devised by his will. En. March 21, 1872. Am'd. 1873-4, 234.

Cal.Rep.Cit. 107, 416; 127, 92.

$ 1333. Same. A bequest of the residue of the testator's personal property passes all the personal property which he was entitled to bequeath at the time of his death, not otherwise effectually bequeathed by his will. En. March 21, 1872. Am’d. 1873-4, 234.

Cal.Rep.Cit. 107, 416; 127, 92.

$ 1334. “Heirs," "relatives," "issue," "descendants," etc. A testamentary disposition to “heirs,” “relations," “ nearest relations,” representatives," legal represen: tatives," or “personal representatives," or “family," “issue," descendants," nearest" or

next of kin," of any person, without other words of qualification, and when the terms are used as words of donation, and not of limitation, vests the property in those who would be entitled to succeed to the property of such person, according to the provisions of the title on succession in this code. En. March 21, 1872.

§ 1335. Words of donation and of limitation. The terms mentioned in the last section are used as words of dona. tion, and not of limitation, when the property is given to the person so designated directly, and not as a qualification of an estate given to the ancestor of such person. En. March 21, 1872. Rule of Shelly's case not adopted in this state: See

rec. 779.

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1336. To what time words refer. Words in a will referring to death or survivorship, simply, relate to the time of the testator's death, unless possession is actually postponed, when they must be referred to the time of possession. En. March 21, 1872.

Cal.Rep.Cit. 114, 190.

{ 1337. Devise or bequest to a class. A testamentary disposition to a class includes every person answering the description at the testator's death; but when the possession is postponed to a future period, it includes also all persons coming within the description before the time to which possession is postponed. En. March 21, 1872.

Cal.Rep.Cit. 79, 625; 119, 410; 132, 578.
Posthumous children: See infra, sec. 1339.

$ 1338. When conversion takes effect. When a will directs the conversion of real property into money, such property and all its proceeds must be deemed personal property from the time of the testator's death. En. March 21, 1872.

Cal.Rep.Cit. 111, 638.

$ 1339. When child born after testator's death takes under will. A child conceived before, but not born until after a testator's death, or any other period when a disposition to a class vests in right or in possession, takes, if answering to the description of the class. En. March 21, 1872.

Cal.Rep.Cit. 132, 580.
Child en ventre sa mere: See ante, sec. 29.

1340. Mistakes and omissions. When, applying a will, it is found that there is an imperfect description, or that DO person or property exactly answers the description, mistakes and omissions must be corrected, if the error appears from the context of the will or from extrinsic evidence; but evidence of the declarations of the testator as to his intentions cannot be received. En. March 21, 1872.

Cal.Rep.Cit. 108, 659; 119, 575; 123, 341 ; 127, 94.

$ 1341. When devises and bequests vest. Testamentary dispositions, including devises and bequests to a person on

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attaining majority, are presumed to vest at the testator's death. En. March 21, 1872.

Cal.Rep.Cit. 73, 102; 122, 627; 132, 578; 137, 355.

$ 1342. When cannot be divested. A testamentary disposition, when vested, cannot be divested unless upon the occurrence of the precise contingency prescribed by the testator for that purpose. En. March 21, 1872.

$ 1343. Death of devisee or legatee. If a devisee or legatee dies during the lifetime of the testator, the testa. mentary disposition to him fails, unless an intention appears to substitute some other in his place, except as provided in section thirteen hundred and ten. En. March 21, 1872. Am'd. 1873-4, 234.

Cal.Rep.Cit. 98, 606; 134, 324.

§ 1344. Interests in remainder are not affected. The death of a devisee or legatee of a limited interest before the testator's death does not defeat the interests of persons in remainder, who survive the testator. En. March 21, 1872.

8 1345. Conditional devises and bequests. A conditional disposition is one which depends upon the occurrence of some uncertain event, by which it is either to take effect or be defeated. En. March 21, 1872.

Conditions of ownership: See ante, secs. 707 et seq.
Conditional obligations: See post, secs. 1434 et seq.

§ 1346. Condition precedent, what. A condition precedent in a will is one which is required to be fulfilled before a particular disposition takes effect. En. March 21, 1872.

§ 1347. Effect of condition precedent. Where a testamentary disposition is made upon a condition precedent, nothing vests until the condition is fulfilled, except where such fulfillment is impossible, in which case the disposition vests, unless the condition was the sole motive thereof, and the impossibility was unknown to the testator, or arose from an unavoidable event subsequent to the execution of the will. En. March 21, 1872.

$ 1348. Conditions precedent, when deemed performed. A condition precedent in a will is to be deemed performed when the testator's intention has been substantially, though Dot literally, complied with. En. March 21, 1872.

$ 1349. Condition subsequent, what. A condition subsequent is where an estate or interest is so given as to vest immediately, subject only to be divested by some subsequent act or event. En. March 21, 1872.

Cal.Rep.Cit. 98, 381.

$ 1350. Devisees, etc., take as tenants in common. A devise or legacy given to more than one person vests in them as owners in common. En. March 21, 1872.

$ 1351. Advancements, when ademptions. Advance-1 ments or gifts are not to be taken as ademptions of general legacies, unless such intention is expressed by the testator in writing. En. March 21, 1872.

Advancement in cases of intestacy: See post, secs. 13951399.

CHAPTER III.
GENERAL PROVISIONS RELATING TO WILLS.
1357. Nature and designations of legacies :

1. Specific
2. Demonstrative.
3. Annuities.
4. Residuary.

5. General.
1358. Estate chargeable in case of intestacy.
1359. Order of resort to estate for debts.
1360.

Same for legacies. 1361. Legacies, how charged with debts. 1362. Abatement. 1363. Specific devises and legacies. 1364. Heir's conveyance good, unless will is proved within four

years. 1365. Possession of legatees.

1366. Bequest of interest.
(1367. Satisfaction.
1368. Legacies, when due.
1369. Interest.
! 1370. Construction of these rules.

1371. Executor according to the tenor.
1372. Power given executor to appoint is invalid.
1373. Executor not to act till qualified.
1374. Provisions as to revocations.
1375. Execution and construction of prior wills not affected.
1376.

Law governing interpretation.
| 1377. Liability or benenciaries for testator's obligations.

$ 1357. Nature and designations of legacies. Legacies are distinguished and designated, according to their nature, as follows:

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