proved as a will, and recorded in the office of the clerk of the superior court having jurisdiction thereof, or written notice of such devise is filed with the clerk of the county where the real property is situated. En. March 21, 1872. Am'd. 1880, 8; 1905, 606.

1364. The change consists in the

transposition of the words "within four years after the devisor's death," by striking them out at the end of the section, where they now appear, and placing them after the word "unless.''-Code Commissioner's Note.

§ 1366. Supp. Cal. Rep. Cit.

143, 454.

§ 1368.

Supp. Cal. Rep. Cit.

143, 456.

§ 1369. Supp. Cal. Rep. Cit. 143, 454; 143, 456; 143, 457.

§ 1376. Laws governing validity and interpretation of wills. The validity and interpretation of wills, wherever made, are governed, when relating to property within this state, by the law of this state, except as provided in section twelve hundred and eighty-five. En. March 21, 1872. Am'd. 1873-4, 235; 1905, 607.

1376. The change consists in the addition of the clause following the word 'state,'' and has been rendered necessary by the proposed amendment to section 1285.-Code Commissioner's Note.

§ 1377. Supp. Cal. Rep. Cit. 140, 289.

§ 1383. Supp. Cal. Rep. Cit.

143,

198.

1384. Supp. Cal. Rep. Cit. 143, 198.

§ 1386. Succession to and distribution of property of deceased person. When any person having title to any estate not otherwise limited by marriage contract, dies without disposing thereof by will, it is succeeded to and must be distributed, unless otherwise expressly provided in this code and the Code of Civil Procedure, subject to the payment of his debts, in the following manner:

1. If the decedent leaves a surviving husband or wife, and only one child, or the lawful issue of one child, in equal shares to the surviving husband, or wife and child, or issue of such child. If the decedent leaves a surviving hus

Civil Code-10

band or wife, and more than one child living, or one child living and the lawful issue of one or more deceased children, one third to the surviving husband or wife, and the remainder in equal shares to his children and to the lawful issue of any deceased child, by right of representation; but if there is no child of decedent living at his death, the remainder goes to all of his lineal descendants; and if all of the descendants are in the same degree of kindred to the decedent, they share equally, otherwise they take aecording to the right of representation. If the decedent leaves no surviving husband or wife, but leaves issue, the whole estate goes to such issue; and if such issue consists of more than one child living, or one child living and the lawful issue of one or more deceased children, then the estate goes in equal shares to the children living, or to the child living and the issue of the deceased child or children by right of representation;

2. If the decedent leaves no issue, the estate goes one half to the surviving husband or wife, and the other half to the decedent's father and mother in equal shares, and if either is dead the whole of said half goes to the other. If there is no father or mother, then one-half goes in equal shares to the brothers and sisters of decedent and to the children or grandchildren of any deceased brother or sister by right of representation. If the decedent leaves no issue, nor husband nor wife, the estate must go to his father and mother in equal shares, or if either is dead then to the other;

3. If there is neither issue, husband, wife, father, nor mother then in equal shares to the brothers and sisters of decedent and to the children or grandchildren of any deceased brother or sister, by right of representation;

4. If the decedent leaves a surviving husband or wife, and neither issue, father, mother, brother, sister, nor the children or grandchildren of a deceased brother or sister, the whole estate goes to the surviving husband or wife;

5. If the decedent leaves neither issue, husband, wife. father, mother, brother, nor sister, the estate must go to the next of kin, in equal degree, excepting that, when there are two or more collateral kindred, in equal degree, but claiming through different ancestors, those who claim through the nearest ancestor must be preferred to those claiming through an ancestor more remote;

6. If the decedent leaves several children, or one child and the issue of one or more children, and any such surviving child dies under age, and not having been married, all the estate that came to the deceased child by inheritance from such decedent descends in equal shares to the other children of the same parent and to the issue of any such other children who are dead, by right of representation;

7. If, at the death of such child, who dies under age, not having been married, all the other children of his parents are also dead, and any of them has left issue, the estate that came to such child by inheritance from his parent descends to the issue of all other children of the same parent; and if all the issue are in the same degree of kindred to the child, they share the estate equally, otherwise they take according to the right of representation;

8. If the decedent is a widow or widower, and leaves no issue, and the estate or any portion thereof was common property of such decedent and his or her deceased spouse, while such spouse was living, or was separate property of his or her deceased spouse, while such spouse was living, such property goes to the children of such deceased spouse and the descendants thereof, and if none, then to the father of such deceased spouse, or if he is dead, to the mother. If there is no father nor mother, then such property goes to the brothers and sisters of such deceased spouse, in equal shares, and to the lawful issue, of any deceased brother or sister of such deceased spouse by right of representation;

9. If the decedent leaves no husband, wife, or kindred, and there are no heirs to take his estate or any portion thereof, under subdivision eight of this section, the same escheats to the state for the support of the common schools. En. March 21, 1872. Am'd. 1873-4, 256; 1880, 14; 1905, 607.

1386.

A clerical error is corrected by renumbering the subdivisions; certain errors of grammar are corrected. The words or grandchild' are inserted after 'child''; the words "nor the child or grandchild of a deceased brother or sister' are inserted after "sister'; the words "children of such deceased spouse and the descendants thereof, and if none, then to," are inserted. In the second line of subdivision 8, the word "issue" is substituted for kindred," and the subdivision amended in accordance with the urgent request of Judge Gray of the Supreme Court Commission to overcome such cases as Estate of McCauley, 138 Cal. 546.Code Commissioner's Note.

Supp. Cal. Rep. Cit. 140, 469; 143, 198; 143, 202; 143, 205. Subd. 9-143, 207. Subd. 10—143, 197.

§ 1387. Supp. Cal. Rep. Cit. 142, 159; 142, 168; 142, 170; 142, 171.

§ 1388. Property of illegitimate child is succeeded to, when and how. The estate of an illegitimate child, who has been legitimated by the subsequent marriage of its parents, or adopted by the father as provided by section two hundred and thirty, and who dies intestate, is succeeded to as if he were born in lawful wedlock. If such child has not been so legitimated or adopted, his estate goes to his lawful issue, or, if he leaves no issue, to his mother, or in case of her decease, to her heirs at law. En. March 21, 1872. Am'd. 1905, 609.

1388. The amendment consists in declaring that if an illegitimate child has been legitimated, his estate on his death is sue ceeded to as if he were born in wedlock.-Code Commissioner's Note.

§ 1395. Advancements constitute part of distributive share. Any estate, real or personal, given by the decedent in his lifetime as an advancement to any child, or other heir, is a part of the estate of the decedent for the purposes of division and distribution thereof among his heirs, and must be taken by such child, or other heir, toward his share of the estate of the decedent. En. March 21, 1872. Am'd. 1905, 609.

1395. The change consists in the substitution of the words "other heir for other lineal descendants," and in the substitution of heirs' for 'issue.''-Code Commissioner's Note.

1399. When heir advanced to, dies before decedent. If any child, or other heir receiving advancement, dies before the decedent, leaving heirs, the advancement 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. Am'd. 1905, 609. 1399. The change consists in the substitution of the words "other heir" for "other lineal descendant" before receiving, and in the substitution of "heirs" for "issue" after "leaving."-Code Commissioner's Note.

§ 1401. Supp. Cal. Rep. Cit. 143, 295.

§ 1405. Succession not claimed, attorney-general to cause to be sold and proceeds deposited with state treasurer. When succession is not claimed as provided in the preceding section, the superior court, on information, must direct the attorney-general to reduce the property to his possession or that of the state, or to cause it to be sold, and it or its proceeds to be deposited in the state treasury for the benefit of the person entitled thereto, to be paid to him, if, within five years after such deposit, he appears in the court in which such information was filed and asks for a judgment or order entitling him thereto. En. March 21,.1872. Am'd. 1905, 609.

1405. The change consists in the substitution of the words "superior court" for "district court" before 'or," and in the substitution of the words "he appears in the court in which such information was filed and asks for a judgment or order entitling him thereto," in place of the words "proof to the satisfaction of the state comptroller and treasurer be produced that he is entitled to succession thereto. The design of the amendment is to require the proof of the right to succession to be made in court instead of vesting the controller and treasurer with power to determine the question.-Code Commissioner's Note.

§ 1406. Property, delivered to claimant, when; escheats to the state, when. When such judgment or order is obtained, a certified copy thereof must be filed with the state treasurer as his voucher. Thereupon the property must be 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 must be placed by the state treasurer to the credit of the school fund. En. March 21, 1872. Am'd. 1905, 610.

1406.

This section is recast to conform to the proposed amendment to the last section.-Code Commissioner's Note.

1409. Person convicted of murder of decedent not to succeed. No person who has been convicted of the murder of the decedent shall be entitled to succeed to any portion of his estate; but the portion thereof to which he would otherwise be entitled to succeed descends to the other persons entitled thereto under the provisions of this title. En. Stats. 1905, 610.