to the applicant a certificate, in writing, setting forth the application, the oaths of the appraisers, the proceedings which took place under it and the return of the appraisers, annexed to the written application, which constitutes the homestead title, and must be delivered, on payment of all costs and expenses, to the applicant. Stats. 1860, 88, Secs. 6, 7. SEC. 1264. The homestead title must be recorded in the office of the County Recorder of the county in which the homestead is situated, in a book to be called the "Register of Homesteads of Single Persons;" and, when the homestead is situate in more counties than one, the homestead title must be recorded in the Recorder's office of each of the counties where any part is situated. From the date of the record the homestead title is vested in the applicant during his natural life. Stats. 1860, 88, Secs. 8, 9. CHAPTER TITLE VI. WILLS. I. EXECUTION AND REVOCATION OF WILLS. III. GENERAL PROVISIONS RELATING TO WILLS. CHAPTER I. EXECUTION AND REVOCATION OF WILLS. SECTION 1270. Who may make a will. 1271. Monomaniac incompetent. 1272. Will or part thereof procured by fraud. 1273. Separate property of married women. 1274. What may pass by will. 1275. Who may take by will. 1276. Written will, how to be executed. 1277. Witness to add residence. 1278. Mutual will. 1279. Competency of subscribing witness. 1280. Conditional will. Who may make a will. SECTION 1281. Gifts to subscribing witnesses void. Creditors competent witness. 1282. 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. 1283. Will made out of this State. 1284. Will not duly executed, void. 1285. Subsequent change of domicile. 1286. Republication by codicil. 1287. Nuncupative will, how to be executed. 1288. Requisites of a valid nuncupative will. 1290. Probate of nuncupative wills. 1291. Written will, how revoked. 1292. Evidence of revocation. 1293. Revocation by obliteration on face of will. 1294. Revocation of duplicate. 1295. Revocation by subsequent will. 1296. Antecedent not revived by revocation of subsequent will. 1297. Revocation by marriage and birth of issue. 1298. Effect of marriage of a man on his will. 1299. Effect of a marriage of a woman on her will. 1300. Contract of sale not a revocation. 1301. Mortgage not a revocation of will. 1302. Conveyance, when not a revocation. 1303. When it is a revocation. 1304. Revocation of codicils. 1305. Afterborn child, unprovided for, to succeed. 1306. Children or issue of children of testator unprovided for by his will. 1307. Share of afterborn child, out of what part of estate to be paid. 1308. Advancement during lifetime of testator. 1309. Death of devisee, being relation of testator, in lifetime of testator, leaving lineal descendants. 1310. Devises of land, how construed. 1311. Will to pass rights acquired after the making thereof. SEC. 1270. (§ 1.) 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 subject to succession, as provided for in Tit. VII of this Part, as the estate of an intestate, being chargeable in both cases with the payment of all the testator's debts, as provided in the CODE OF CIVIL PROCEDURE. Stats. 1850, 177, Sec. 1. Monomaniac SEC. 1271. A person having any insane delusion is incompetent to make a will. incompetent N. Y. C. C., Sec. 543. SEC. 1272. A will or 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. N. Y. C. C., Sec. 544. SEC. 1273. (§ 2.) A married woman may dispose of all her separate estate by will, absolutely, without the consent of her husband, either express or implied, and may alter or revoke the same in like manner as a person under no disability may do; her will must be attested, witnessed and proved in like manner as all other wills. Stats. 1850, 177, Sec. 2; 1865-6, 317, Sec. 1; Morrison vs. Bowman, 29 Cal., 337. pass by will. SEC. 1274. Every estate and interest in real or per- What may sonal property, to which heirs, husband, widow or next of kin might succeed, may be disposed of by will; but community property is subject to Secs. 1396 and 1397. N. Y. C. C., Sec. 545-modified. take by will. SEC. 1275. A testamentary disposition may be made to who may any person capable by law of taking the property so disposed of, except that no corporation can take under a will, unless expressly authorized by its charter or by statute so to take. N. Y. C. C., Sec. 546. SEC. 1276. (§3.) Every will, other than a nuncupative will, must be in writing, and must be executed and attested as follows: 1. It must be subscribed at the end thereof by the testator himself, or by some person in his presence and by his direction. 2. The subscription must be made in the presence of each of the attesting witnesses, or be acknowledged by the testator to each of 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. N. Y. C. C., Sec. 550; Stats. 1850, 177, Sec. 3. Written will, executed. how to be Witness to add residence. Mutual will. Competency of subscribing witness. Conditional will. Gifts to sub. scribing witnesses void. Creditors competent witness. 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. SEC. 1277. 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. N. Y. C. C., Sec. 552. SEC. 1278. A conjoint or inutual will is valid, but it may be revoked by any of the testators, in like manner with any other will. N. Y. C. C., Sec. 548. SEC. 1279. (§ 4.) 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 prevent the probate and allowance of the will, if it is otherwise satisfactorily proved. Stats. 1850, 177, Sec. 4. SEC. 1280. 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. N. Y. C. C., Sec. 549. SEC. 1281. (§ 5.) 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. Stats. 1850, 177, Sec. 5. SEC. 1282. (§ 6.) If a witness, to whom any beneficial devise, legacy or gift is made or given, would have been entitled to any share of the estate of the testator, in case the will is not established, he succeeds to so much of the share as would have been distributed to him, not exceeding the devise or bequest made to him in the will; and he may recover the same of the devisees or legatees named in the will, in proportion to and out of the parts. devised or bequeathed to them. Stats. 1850, 177, Sec. 6. SEC. 1283. (§ 23.) A will of real or personal property, or both, or a revocation thereof, made out of this State by a person not having his domicile in this State, is as valid, when executed according to the law of the place in which the same was made, or in which the testator was at the time domiciled, as if it were made in this State, and according to the provisions of this chapter. N. Y. C. C., Sec. 554; Stats. 1850, 179, Sec. 23. SEC. 1284. No will or revocation is valid unless executed either according to the provisions of this chapter, or according to the law of the place in which it was made, or in which the testator was at the time domiciled. N. Y. C. C., Sec. 555. will made out of this State. Will not duly execu ted, void. change of SEC. 1285. Whenever a will, or a revocation thereof, Subsequent is duly executed according to the law of the place in domicile, which the same was made, or in which the testator was at the time domiciled, the same is regulated, as to the validity of its execution, by the law of such place, notwithstanding that the testator subsequently changed his domicile to a place by the law of which such will would be void. N. Y. C. C., Sec. 556; Norris vs. Harris, 15 Cal., 226. NOTE.-The three preceding sections change the rule of our statutes requiring all wills to be executed according to our laws, and admitted to probate as our laws require. These sections seem to be more liberal and just, and are therefore adopted. Sec. 1324 of the Code of Civil Procedure must be construed to conform to these sections. tion by cod. SEC. 1286. The execution of a codicil, referring to a Republica previous will, has the effect to republish the will, as modified by the codicil. N. Y. C. C., Sec. 553; Payne vs. Payne, 18 Cal., 291. icil. will, how to SEC. 1287. A nuncupative will is not required to be in Nuncupative writing, nor to be declared or attested with any formali- be executed. tics. N. Y. C. C., Sec. 551. of a valid SEC. 1288. (§ 7.) To make a nuncupative will valid, Requisites and to entitle it to be admitted to probate, the following nuncupative requisites must be observed: 1. The estate bequeathed must not exceed in value the sum of one thousand dollars. will. |