§ 1397. What are advancements. All gifts and grants are made as advancements, if expressed in the gift or grant to be so made, or if charged in writing by the decedent as an advancement, or acknowledged in writing as such, by the child or other successor or heir. En. March 21, 1872. § 1398. Value of advancements, how determined. If the value of the estate so advanced is expressed in the conveyance, or in the charge thereof made by the decedent, or in the acknowledgment of the party receiving it, it must be held as of that value in the division and distribution of the estate; otherwise, it must be estimated according to its value when given, as nearly as the same can be ascertained. En. March 21, 1872. § 1399. When heir, advanced to, dies before decedent. If any child, or other lineal descendant receiving advancement, dies before the decedent, leaving issue, the advance ment must be taken into consideration in the division and distribution of the estate, and the amount thereof must be allowed accordingly by the representatives of the heirs receiving the advancement, in like manner as if the advancement had been made directly to them. En. March 21, 1872. Cal. Rep. Cit. 74, 132. § 1400. Inheritance of husband and wife from each other. The provisions of the preceding sections of this title, as to the inheritance of the husband and wife from each other, apply only to the separate property of the decedents. En. March 21, 1872. Cal.Rep.Cit. 112, 394. 1401. Distribution of the common property on death of wife. Upon the death of the wife, the entire community property, without administration, belongs to the surviving husband, except such portion thereof as may have been set apart to her by judicial decree, for her support and maintenance, which portion is subject to her testamentary dis position, and in the absence of such disposition, goes to her descendants, or heirs, exclusive of her husband. En. March 21, 1872. Am'd. 1873-4, 238. Rep. Cit. 63. 14: 74, 525; 80, 209; 88, 287; 110, 290; 33. § 1402. Distribution of common property on death of husband. Upon the death of the husband, one half of the community property goes to the surviving wife, and the other half is subject to the testamentary disposition of the husband, and in the absence of such disposition, goes to his descendants, equally, if such descendants are in the same degree of kindred to the decedent; otherwise, according to the right of representation; and in the absence of both such disposition and such descendants, is subject to distribution in the same manner as the separate property of the husband. In case of the dissolution of the community by the death of the husband, the entire community property is equally subject to his debts, the family allowance, and the charges and expenses of administration. En. March 21, 1872. Cal Rep.Cit. 77, 314; 81, 242; 81, 243; 88, 586; 88, 588; 100, 163; 100, 164; 106, 612; 112, 395; 112, 399; 113, 688; 117, 515; 120, 92. Community property defined: Secs. 163, 164, ante. § 1403. Inheritance by representation. Inheritance or succession "by right of representation" takes place when the descendants of any deceased heir take the same share or right in the estate of another person that their parents would have taken if living. Posthumous children are considered as living at the death of their parents. En. March 21, 1872. See sec. 1310, ante. Resident § 1404. Aliens may inherit, when, and how. aliens may take in all cases by succession as citizens; and no person capable of succeeding under the provisions of this title is precluded from such succession by reason of the alienage of any relative; but no nonresident foreigner can take by succession unless he appears and claims such succession within five years after the death of the decedent to whom he claims succession. En. March 21, 1872. Cal. Rep.Cit. 129, 90. Aliens may take by succession: See secs. 671, 672, ante. $ 1405. Succession not claimed, attorney-general to cause to be sold, and proceeds deposited. When succession is not claimed as provided in the preceding section, the district court, on information, must direct the attorneygeneral to reduce the property to his or the possession of the state, or to cause the same to be sold, and the same or the proceeds thereof to be deposited in the state treasury for the benefit of such nonresident foreigner, or his legal representative, to be paid to him whenever, within five years after such deposit, proof to the satisfaction of the state comptroller and treasurer is produced that he is entitled to succeed thereto. En. March 21, 1872. Cal.Rep.Cic. 76, 297; 76, 298; 129, 90. § 1406. When the property and estate escheat to the state. When so claimed, the evidence and the joint order of the comptroller and treasurer must be filed by the treasurer as his voucher, and the property delivered or the proceeds paid to the claimant on filing his receipt therefor. If no one succeeds to the estate or the proceeds, as herein provided, the property of the decedent devolves and escheats to the people of the state, and is placed by the state treasurer to the credit of the school fund. En. March 21, 1872. Cal.Rep. Cit. 76, 297; 76, 298; 129, 90. § 1407. Property escheated subject to charges as other property. Real property passing to the state under the last section, whether held by the state or its officers, is subject to the same charges and trusts to which it would have been subject if it had passed by succession, and is also subject to all the provisions of title VIII, part III, of the Code of Civil Procedure. En. March 21, 1872. Cal. Rep.Cit. 76, 297; 76, 298; 76, 299. Title VIII, part III, Code Civ. Proc.: See secs. 1369-1372. § 1408. Successor liable for decedent's obligations. Those who succeed to the property of a decedent are liable for his obligations in the cases and to the extent prescribed by the Code of Civil Procedure. En. March 21, 1872. 1410. § 1411. § 1412. § 1413. § 1414. $1415. $ 1416. 1417. § 1418. § 1419. § 1420. 1421. 1422. § 1410. TITLE VIII. WATER RIGHTS. Rights to water may be acquired by appropriation. Point of diversion may be changed. Water may be turned into natural channels. Notice of appropriation. Work on water rights. Completion defined. Doctrine of relation applied. Rights of present claimant. Recorder to keep book in which to record notices. Rights to water may be acquired by appropriation. The right to the use of running water flowing in a river or stream, or down a canyon or ravine, may be acquired by appropriation. En. March 21, 1872. 69, 427; Cal Rep.Cit. 69, 368; 69, 370; 69, 371; 69, 372; 69, 452; 91, 190; 95, 616; 101, 112; 122, 158. Acts relating to irrigation: See General Laws, title Irrigation. Rights of appropriators as between themselves: 1414. Posting notice: Secs. 1415 et seq. See sec. purpose. § 1411. Appropriation must be for a useful The appropriation must be for some useful or beneficial purpose, and when the appropriator or his successor in interest ceases to use it for such a purpose, the right ceases. En. March 21, 1872. Cal.Rep.Cit. 69, 307; 69, 369; 69, 452; 79, 574; 110, 126; 110, 127; 120, 87. Appropriation must be evidenced by physical acts: See sec. 1416. Amount of property appropriated: See sec. 1415. § 1412. Point of diversion may be changed. The person entitled to the use may change the place of diversion, if others are not injured by such change, and may extend the ditch, flume, pipe, or aqueduct by which the diversion is made to places beyond that where the first use was made. En. March 21, 1872. Cal.Rep.Cit. 69, 369; 69, 452; 96, 217; 98, 340; 106, 665; 106, 668; 108, 81; 117, 183; 117, 184; 134, 555. Changing point of diversion: See post, sec. 1415. § 1413. Water may be turned into natural channels. The water appropriated may be turned into the channel of another stream and mingled with its water, and then reclaimed; but in reclaiming it the water already appropriated by another must not be diminished. En. March 21, 1872. Cal.Rep.Cit. 69, 369; 69, 453; 134, 555. § 1414. First in time, first in right. As between appro priators, the one first in time is the first in right. Use of water, nature of: See sec. 1411. Change of use: See sec. 1412. En. Rights of appropriators as against the government and its grantees: See sec. 1410. 1415. Notice of appropriation. A person desiring to appropriate water must post a notice, in writing, in a conspicuous place at the point of intended diversion, stating therein: 1. That he claims the water there flowing to the extent of (giving the number) inches, measured under a four-inch pressure; 2. The purposes for which he claims it, and the place of intended use; 3. The means by which he intends to divert it, and the size of the flume, ditch, pipe, or aqueduct in which he intends to divert it. A copy of the notice must, within ten days after it is posted, be recorded in the office of the recorder of the county in which it is posted. After filing such copy for record, the place of intended diversion or the place of intended use or the means by which it is intended to divert the water, may be changed by the person posting said notice or his assigns, if others |