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1. Specific. A legacy of a particular thing, specified and distinguished from all others of the same kind belong. ing to the testator, is specific; if such legacy fails, resort cannot be had to the other property of the testator;
2. Demonstrative. A legacy is demonstrative when the particular fund or personal property is pointed out from which it is to be taken or paid; if such fund or property fails, in whole or in part, resort may be had to the general assets, as in case of a general legacy;
3. Annuities. An annuity is a bequest of certain specified sums periodically; if the fund or property out of which they are payable fails, resort may be had to the general assets, as in case of a general legacy;
4. Residuary. A residuary legacy embraces only that which remains after all the bequests of the will are discharged;
5. General. All other legacies are general legacies. En. March 21, 1872. Cal.Rep.Cit. 66, 331; 66, 332; 66, 439; 66, 440; 107, 308;
112, 526. Subd. 2 - 66, 437. Subd. 3-119, 136. Annuities, commence at the testator's death: Post, sec. 1368.
General legacies, payable when: See post, sec. 1368.
§ 1358. Estate chargeable in case of intestacy. When a person dies intestate all his property, real and personal, without any distinction between them, is chargeable with the payment of his debts, except as otherwise provided in this code and the Code of Civil Procedure. En. March 21, 1872. Am'd. 1873-4, 234.
Cal.Rep.Cit. 66, 439; 67, 639.
All property chargeable with debts: Code Civ. Proc., sec. 1516.
Debts to be paid from what: Code Civ. Proc., sec. 1516; secs. 1560, 1562 et seq. of the same; sec. 1359, infra.
Order of payment of debts: Code Civ. Proc., sec. 1643.
Provision for support of the family: Code Civ. Proc., secs. 1464 et seq.
8 1359. Order of resort to estate for debts. The prop. erty of a testator, except as otherwise specially provided
in this code and the Code of Civil Procedure, must be resorted to for the payment of debts, in the following order:
1. The property which is expressly appropriated by the will for the payment of the debts;
2. Property not disposed of by the will;
3. Property which is devised or bequeathed to a residuary legatee;
4. Property which is not specifically devised or bequeathed and
5. All other property ratably. Before any debts are paid the expenses of the administration and the allowance to the family must be paid or provided for. En. March 21, 1872. Am'd. 1873-4, 234.
Cal.Rep.Cit. 66, 439; 66, 440. Subd. 4-66, 331.
$ 1360. Same for legacies. The property of a testator, except as otherwise specially provided in this code and the Code of Civil Procedure, must be resorted to for the payment of legacies, in the following order:
1. The property which is expressly appropriated by the will for the payment of the legacies.
2. Property not disposed of by the will.
3. Property which is devised or bequeathed to a residuary legatee.
4. Property which is specifically devised or bequeathed. En. March 21, 1872. Am'd. 1873-4, 235.
Cal.Rep.Cit. 66, 332; 66, 439; 66, 440. Subd. 4–66, 331.
Payment of legacies—When legacies are due: Post, sec. 1368. When may be paid: Code Civ. Proc., secs. 1658 et seq.
Legacies liable for debts: See Code Civ. Proc., secs. 1563 et seq.
§ 1361. Legacies, how charged with debts. Legacies to husband, widow, or kindred of any class are chargeable only after legacies to persons not related to the testator. En. March 21, 1872.
Cal.Rep.Cit. 66, 438; 66, 439; 66, 441.
$ 1362. Abatement. Abatement takes place in any class only as between legacies of that class, unless a different intention is expressed in the will. En. March 21, 1872.
Cal.Rep.Cit. 66, 331 ; 66, 437; 66, 439; 66, 440.
§ 1363. Specific devises and legacies. In a specific devise or legacy, the title passes by the will, but possession can only be obtained from the personal representative; and he may be authorized by the superior court to sell the property devised and bequeathed, in the cases herein provided. En. March 21, 1872. Am'd. 1880, 8.
How title passes in cases of intestacy: See post, sec. 1386.
§ 1364. Heir's conveyance good, unless will is proved within four years. The rights of a purchaser or incumbrancer of real property, in good faith and for value, derived from any person claiming the same by succession, are not impaired by any devise made by the decedent from whom succession is claimed, unless the instrument containing such devise is duly proved as a will, and recorded in the office of the clerk of the superior court having jurisdiction thereof, or unless written notice of such devise is filed with the clerk of the county where the real property is situated, within four years after the devisor's death. En. March 21, 1872. Am'd. 1880, 8.
Recording will: See Code Civ. Proc., secs. 1314, 1318.
$ 1365. Possession of legatees. Where specific legacies are for life only, the first legatee must sign and deliver to the second legatee, or, if there is none, to the personal representative, an inventory of the property, expressing that the same is in his custody for life only, and that, on his decease, it is to be delivered and to remain to the use and for the benefit of the second legatee, or to the personal representative, as the case may be. En. March 21, 1872.
Cal.Rep.Cit. 108, 470.
$ 1366. Bequest of interest. In case of a bequest of the interest or income of a certain sum or fund, the income accrues from the testator's death. En. March 21, 1872.
Annuities commence at testator's death: Sec. 1368, infra. Accumulations: See ante, secs. 722 et seq.
$ 1367. Satisfaction. A legacy, or a gift in contemplation, fear, or peril of death, may be satisfied before death. En. March 21, 1872. Am'd. 1873-4, 235.
$ 1368. Legacies, when due. Legacies are due and deliverable at the expiration of one year after the testator's decease. Annuities commence at the testator's decease. En. March 21, 1872.
Cal.Rep.Cit. 50, 246; 107, 309; 112, 524; 112, 527; 119, 135.
Legacies payable after four months: See Code Civ. Proc., sec. 1658.
$ 1369. Interest. Legacies bear interest from the time when they are due and payable, except that legacies for maintenance, or to the testator's widow, bear interest from the testator's decease. En. March 21, 1872. Cal.Rep.Cit. 50, 247; 107, 309; 112, 524; 112, 527 ; 137, 431.
1370. Construction of these rules. The four preceding sections are in all cases to be controlled by a testator's express intention. En. March 21, 1872.
Cal.Rep.Cit. 112, 524.
$ 1371. Executor according to the tenor. Where it appears, by the terms of a will, that it was the intention of the testator to commit the execution thereof and the administration of his estate to any person as executor, such person, although not named executor, is entitled to letters testamentary in like manner as if he had been named executor. En. March 21, 1872.
Cal.Rep.Cit. 101, 386; 107, 591; 124, 47.
Appointment of executors: See Code Civ. Proc., secs. 1353, 1365.
$ 1372. Power given executor to appoint is invalid. An authority to an executor to appoint an executor is void. En. March 21, 1872.
Executor of executor: See Code Civ. Proc., sec. 1353.
$ 1373. Executor not to act till qualified. No person bas any power, as an executor, until he qualifies, except that, before letters have been issued, he may pay funeral charges and take necessary measures for the preservation of the estate. En. March 21, 1872.
Qualification: See Code Civ. Proc., sec. 1349.
Qualification of executor: See Code Civ. Proc., secs. 1350, 1353, 1365 et seq.
Payment of debts: See supra, sec. 1359.
$ 1374. Provisions as to revocations. The provisions of this title in relation to the revocation of wills apply to all wills made by any testator living at the expiration of one year from the time it takes effect. En. March 21, 1872.
$ 1375. Execution and construction of prior wills not affected. The provisions of this title do not impair the validity of the execution of any will made before it takes effect, or affect the construction of any such will. En. March 21, 1872.
§ 1376. Law governing interpretation. The validity and interpretation of wills, wherever made, are governed, when relating to property within this state, by the law of this state. En. March 21, 1872. Am'd. 1873-4, 235.
§ 1377. Liability of beneficiaries for testator's obligations. Those to whom property is given by will are liable for the obligations of the testator in the cases and to the extent prescribed by the Code of Civil Procedure. En. March 21, 1872.
SUCCESSION. $ 1383 Succession defined. $ 1384. Intestate's estate, to whom passes. § 1385. Personal representatives. (Repealed.) $ 1386. Succession to and distribution of property. $ 1387. Illegitimate children to inherit in certain events. $ 1388. The mother is successor to illegitimate child. $8 1389-1393. Degrees of kindred, how 'computed.
1394. Relatives of the half blood. $ 1395. Advancements constitute part of distributive share. $ 1396.
Advancements, when too much, or not enough. $ 1397. What are advancements. $ 1398. Value of advancements, how determined. 8 1399. When heir, advanced to, dies before decedent. $ 1400. Inheritance of husband and wife from each other. $ 1401. Distribution of the common property on death of wife.
1402. Distribution of common property on death of husband. 8 1403. Inheritance by representation.
1404. Aliens may inherit, when, and how. $ 1405. Succession not claimed, attorney-general to cause to be
sold, and proceeds deposited. $ 1406. When the property
escheat the state. $ 1407. Property escheated subject to charges as other property. $ 1408. Successor liable for decedent's obligations.