§ 1264. The declaration must be recorded in the office of the recorder of the county in which the land is situated. Polit. Code, § 4235. § 1265. From and after the time the declaration is filed for record, the premises therein described constitute a homestead. If the selection was made by a married person from the community property, the land, on the death of either of the Bpouses, vests in the survivor, subject to no other liability than such as exists or has been created under the provisions of this title; in other cases, upon the death of the person whose property was selected as a homestead, it shall go to his heirs or devisees, subject to the power of the Superior Court to assign the same for a limited period to the family of the decedent; but in no case shall it be held liable for the debts of the owner, except as provided in this title. [In effect April 5, 1880.] Code Civ. Proc. §§ 1470, 1474. Homestead set apart by Probate Court Code Civ. Proc. §§ 1474-1478 50 Cal 543; 52 Cal. 297; 54 Cal. 501. CHAPTER III. HOMESTEAD OF OTHER PERSONS. SECTION 1266. Mode of selection. 1267. Declaration of homestead. 1268. Declaration must be recorded. 1269. Effect of filing for record the declaration of homestead. § 1266. Any person other than the head of a family, in the selection of a homestead, must execute and acknowledge, in the same manner as a grant of real property is acknowledged, a "Declaration of Homestead." § 1267. The declaration must contain everything required by the second, third, and fourth subdivisions of section 1263. § 1268. The declaration must be recorded in the office of the county recorder of the county in which the land is sit uated. Polit. Code, § 4235 § 1269. From and after the time the declaration is filed for record, the land described therein is a homestead. TITLE VI. WILLS. CHAPTER 1. EXECUTION AND REVOCATION OF WILLS, §§ 1270 1313. II. INTERPRETATION OF WILLS, §§ 1317-1351. III. GENERAL PROVISIONS RELATING TO WILLS, §§ 1357-1377. CHAPTER I. EXECUTION AND REVOCATION OF WILLS. BECTION 1270. Who may make a will. 1271. Monomaniac incompetent. (Repealed.) 1272. Will, or part thereof, procured by fraud. 1274. What may pass by will. 1275. Who may take by will. 1276. Written will, how to be executed. 1277. Definition of an olographic will. 1278. Witness to add residence. 1279. Mutual will. 1280. Competency of subscribing witness. 1281. Conditional will. 1282. Gifts to subscribing witnesses void. Creditors competent witnesses. 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. 1284. Will made out of this State. (Repealed.) 1285. Will not duly executed, void. 1286. Subsequent change of domicile. (Repealed.) 1287. Republication by codicil. 1288. Nuncupative will, how to be executed. 1289. Requisites of a valid nuncupative will. 1290. Proof of nuncupative wills. 1291. Probate of nuncupative wills. 1292. Written will, how revoked. 1293. Evidence of revocation SECTION 1294. Revocation by obliteration on face of will. (Repealed.) 1295. Revocation of duplicate. 1296. Revocation by subsequent will. 1297. Antecedent not revived by revocation of subsequent will. 1298. Revocation by marriage and birth of issue. 1299. Effect of marriage of a man on his will. 1300. Effect of a marriage of a woman on her will. 1301. Contract of sale not a revocation. 1302. Mortgage not a revocation of will. 1303. Conveyance, when not a revocation. 1305. Revocation of codicils. 1306. Afterborn child, unprovided for, to succeed. 1307. Children or issue of children of testator unprovided for by his will. 1308. Share of afterborn child, out of what part of estate to be paid. 1809. Advancement during lifetime of testator. 1310. Death of devisee, being relation of testator, in lifetime of testator, leaving lineal descendants. 1311. Devises of land, how construed. 1312. Will to pass rights acquired after the making thereof. § 1270. Every person over the age of eighteen years, of sound mind, may, by last will, dispose of all his estate, real and personal, and such estate not disposed of by will is succeeded to as provided in Title VII. of this part, being chargeable in both cases with the payment of all the decedent's debts, as provided in the Code of Civil Procedure. § 1271 of said Code is repealed. [In effect July 1, 1874.] § 1272. A will, or a part of a will, procured to be made by duress, menace, fraud, or undue influence, may be denied probate; and a revocation, procured by the same means, may be declared void. Code Civil Procedure, § 1312. § 1273. A married woman may dispose of all her separate estate by will, without the consent of her husband, and may alter or revoke the will in like manner as if she were single. Her will must be executed and proved in like manner as other wills. [In effect July 1, 1874.] § 1274. Every estate and interest in real or personal property, to which heirs, husband, widow, or next of kin might succeed, may be disposed of by will, except as otherwise provided in sections 1401 and 1402. § 1275. A testamentary disposition may be made to any person capable by law of taking the property so disposed of, except corporations other than those formed for scientific, literary, or solely educational purposes, cannot take under a will, unless expressly authorized by statute. Effect immediately. [Approved January 29, 1874.] § 1276. Every will, other than a nuncupative will, must be in writing; and every will, other than an olographic will, and a nuncupative will, must be executed and attested as follows: 1. It must be subscribed at the end thereof by the testator himself, or some person in his presence and by his direction must subscribe his name thereto; 2. The subscription must be made in the presence of the attesting witnesses, or be acknowledged by the testator to them, to have been made by him or by his authority; 3. The testator must, at the time of subscribing or acknowledging the same, declare to the attesting witnesses that the instrument is his will; and, 4. There must be two attesting witnesses, each of whom must sign his name as a witness, at the end of the will, at the testator's request, and in his presence. 54 Cal. 517. § 1277. 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. May be proven in same manner as other private writings. Code Civil Procedure, § 1309. § 1278. 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. 54 Cal. 518. § 1279. A conjoint or mutual will is valid, but it may be revoked by any of the testators, in like manner with any other will. 58 Cal. 330. § 1280. 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 pre vent the probate and allowance of the will, if it is otherwise satisfactorily proved. § 1281. 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. § 1282. 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. § 1283. If a witness, to whom any beneficial devise, legacy, or gift, void by the preceding section, 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. [In effect July 1, 1874.] § 1284 of said Code is repealed. [In effect July 1, 1874.] § 1285. No will made out of this State is valid as a will in this State, unless executed according to the provisions of this chapter. [In effect July 1, 1874.] Code Civ. Proc. § 1322. § 1286 of said Code is repealed. [In effect July 1, 1874.] § 1287. The execution of a codicil, referring to a previous will, has the effect to republish the will, as modified by the codicil. § 1288. A nuncupative will is not required to be in writ ing, nor to be declared or attested with any formalities. How admitted to probate. Code Civ. Proc. § 1344. § 1289. To make a nuncupative will valid, and to entitle it to be admitted to probate, the following requisites must be observed: |