The codes of California as amended and in force at the close of the thirty-eighth session of the Legislature, 1909 (Volume 2 Civil Code) online

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liow extinguislied, 2279. ^

as to, generally, 2279.
transfer of property held in, to be recorded, 1164.
trustee's office, how vacated. See tit. Trustees.

by death or discharge, 2281.
voluntary trust

how created as to trustee, 2222.

how created a^ to truster, 2221.
what constitutes one a trustee. See tit. Trustees.

as to, generally, 2219.

when to be part of corporate name, 290%.

claim against trust fund, purchase by trustee, 2263.

compensation of trustee, 2274.

creation of, 2251.

declaration of trust, 2253.

degree of care and diligence in executing trust, 2259.

discharge of trustee, 2282.

duty of trustee as to appointment of successor, 2260.

how extinguished, 2279.

indemnification of trustees, 2273.

investment of money by trustee, 2261.

interest charged to trustee on failure to invest, 2262.
nature and creation of, 2251.

who are trustees for, 2250.
not revocable, 2280.
obligations of trustees, 2258.
office of trustee, how vacated, 2281.
powers of trustees, 2267.

all must act together, 2268.

as agent, 2267.

discretionary powers, 2269.
purchase of claim against trust fund by trustee, 2263.
removal of trustee by court, 2283.
rights of trustees, 2273.
succession or appointment of new trustee, 2287.

superior court as trustee, 2289.

survivorship between cotrustees, 2288.

vacant trusteeship filled by court, 2287.
superior court as trustee, 2289.
survivorship between cotrustees, 2288.


[References are to sections.]

termination of trust. See tit. Trust.
trustee appointed by court, when. 2252.
trustees must obey declaration of trust, 2258.

boundaries of, 1426f.
location of

as to generally, 1426e.
record of, ll2 6g.
what constitutes, 1426e.
record of location, 1426g.

l)i('nnial report of. by .savings banks. 5S3h.

contracts by persons without. Si-i' tit. <°4>iitr:i<-l.s hy Ter-
HonH Without L'nderNtnndinK.
as to generally. 3S.
IMHOiri'AKI.NC;. See tits. Ciii:iriui«>: liiiieniiiil y ; Siiret vmIiIii.
V.M>i<:itT\l\i.\(; 0> AlM'KAl.

from justices' or police courts, must l>e liU-d, wlu-n, 9T.Sa.
LMJl E iXFl.l E\CE. See tit. WillM.
as to what constitutes, l.'>75.
confidential relations between the parti<s. presumptitm as to.

against trustee, 223.'i.
contracts procured by voidable, 1507, lt>89.
definition of, 1575.
rescission for, 16SS.
thing gained by, trust. 2224.
trust arising through, 222.").

wills procured by or revoked tliroiiph, 1272.
IM\< i,0*ii:i> I,A>n, See tit. lioiiieMteiiil.
IM\ lOICM'I'liOS. See tits. Coll€-Kr«'« iiiul SiMiiiniiricn.
IM.AWi'l 1. « OXTIIACTS. See tit. CoiHrn«l«.
as to what are, ir>f.7, 1668.
contracts fixing damages void, 167ii.

exceptions to the rule, 1671.
contracts In restraint of marriage. 1676.
contracts In restr.'iliit of trade. 167.1.

exceptions in favor of sale of good will. MiTI.
Interstate commerce. Sec tit. Intorxlntr r«»innnT<T.
monopolies. See tit. >lonopolion.
PXCf'ption.s in favor of partnership arraiigi-menls. 1675.
IM.AWFI I. oni.iGATiONS. See tit. OltlliciitlonM.
l\L.\UKl i. TilANSI-'Ell

certain Insfrvmients void as against purrh.T.sor. 1227.
not void as against purchaser, when, 122S.
power to revoke, wlien, 1229.


[References are to sections.]

ITA RECORDED DEED. See tits. Deed; Notice.

valid between the parties, 1217.
UNSOUIVD MIND. See tits. Per.son.s o£ Un.soimd Miud; Wills;
Words and

contracts by persons of. See tit. Contracts by Persons of
Unbound 3Iind.

as to generally, 39.

agent to conform to, 2349.
definition of, 1644.
employee to conform to, 1982.
meaning- of words, determined by, 1644.
USES AND TRUSTS. See tits. Trustees; Trusts.
author of may devise, etc., 864.
certain sales, etc., by trustees, void, 870.
estate of trustee ceases, when, 871.
exercise of vested powers, 860.

for what purpose express trust may be created, 857.
to mortgage or lease real property, 857.
to receive rents and profits of real property and accumulate

same, 857.
to receive rents and profits of real property and apply same,

to sell real property, 857.
grantor of trust property, title of, 865.
interest remaining in grantor of express trust, 866.
must be in writing, 852.

omitting trust in conveyance, effect of, 869.
purchaser for value without notice protected, when, 856.
restraining disposition of trust, 867.
sales, etc., by trustees void, when, 870.
title of grantor of trust, 865. <

transfer to one for money paid by another, 853.
trust presumed, when, 853.

trustees in lands liable to creditors, when, 859.
vesting of power to sell or mortgage real property, 858.
what may exist, 847.

child who is to be arrested and committed, 607g.

defectively executed instruments, 1207.
certified copies as evidence, 1207.
VALUABLE CONSIDERATION. See tit. Consideration.
VARIANCE. See tit. Acknowledgments.


[References are to sections.]

VEHICLES. See tit. CarriaK*' of I'aNscimcrs f<ir Hire.

common carrier of persons, to prf)Viflt' siitficient, -^S4.

not to be overloaded, 2102.

lien of, 3050.

as to, generally, 3046-3049.

as to lien of seller of real property, 3046.

homestead liable for. when. 1241.
VESSELS. See tits. Sliiii.s; Sliii».s ami Sliipiiint;.

transfer of, how recorded, 117.3.
VESTED FEE. See tit. Eee.

as to wliat are, 30.").

future interests, GIM.

as to, 858.

exercise of power, 860.
VKIOl S ANIMALS. See tits. Auiiiials; XoKliKt'iiee.

law gives preference to the. 3527.
VISIT.4TION. See tit. Cor|iorutiouN.
VITK I l/ri HAL ASSO< IATI<»\S. Se. tit. Co-o|M>ral ivt- Xnrhiil-

tiiral. viv., A.s.sooialUtu.s.
VOID CO.MHriOV. Set tit. ( ouditiou.
VOLUNTARY roNVEVANCP:. See til. Transfer.

definition of, 1040.

validity of. 1040, 3442.
VOTING. See tit. CoritoraUoiis.

l)y co-operative corpora tlun.s. *;',:]■/.]>.
VOTING TIirST. See lit. < <ir|»ora(ionN.

contracts. See tit. (ontrnefs.

Insurance, as to, 255S.
W.\€iES. See tits. MnNtrr and .>«tr\aiit; >lalfs and •«,.;, nuii.

for services wliere tliere is no employment, 207s

of minor, 212.

personal representatives entitled to receive. wh<n. 2062.

wife's earnings, as to, 169.

articles of See tit. ( 'iir|i<>r:it iiin>«.
what must contain. 291.

bridges and ferries. See tit. Ilriiluei, lerrv. \\ liarf. « iim,..
nnd Pier CnrporatlonM.

bridges or ferries on line. .'>14.

not 111 tw charged on bigliways or i>uMie ro.qrl.q. .S1.">.

[References are to sections.]

bridges or ferries, rates must be posted, 516.
tolls, as to, in g'eueral

limit of, 514.

penalty for violation, 514.
commissioners to act in conjunction with surveyor, 512.
crossings, as to, 513.
forfeiture of franchise, 514.
franchise of, 524.

horseless vehicles, franchise to construct road for, 524.
how to be laid out, 511.
hypothecation of property, 522.
mortgage or hypothecation of property, 522.
natural person, ownership by, 523.
opening highway taken as, 513.

for excessive toll, 514.

for trespass on property of, 520.

date of franchise, 516.

rate of tolls, 516.
reduction of tolls, when, 521.
revenue, how apportioned, 521.

amount necessary to entitle to file articles, 293.

toll-gate, as to, 513.

toll-gatherer, right to detain until payment made, 517.
not to detain unreasonably, 518.
survey and map to be filed and approved, 513.
tolls. See "bridges or ferries on line," this title.

avoiding tolls, penalty for, 519.

persons detained until toll paid, 517.

rates to be posted at gate, 516. ^

reduced, when, 521.

to be reduced, when, 521.

trespass on property of, penalty, 520.

unnecessary detention or overcharges, damages for, 518.

what may be charged, 514.

communication of in insurance, 2569.

lunatic's rights not lost by, 40.

of demand by pledgeor or debtor, 3004.

of notice of sale of pledged property, 3003.

of objections to offer of perforinance, 1501.

of option as to delivery of goods purchased, 1756.

of presentment and notice, 3159.

of protest, 3160.



[References are to sections.]

WAIVER (continued).

of provisions of the code, by stipulation, 3268.

of sale of corporated stock, 349.

di.ssolution of partnership by, 2450.

classification and effect of, 1858b.

indorsement of negotiable receipt, 1858c.

negotiability, 1858d.

not to be issued, when, 1858.

not to issue except, 1858.

penalties, 1858d.

requisites of, 1858b.

second receipt, 1858.

transfer of property by indorsement of. 1858b.
AVAilEHOUSR>lEN. See tit. Warelioii.Nc Itt'ooipt.

liabilities, generally, 1858f.

liability for loss by fire. 1858f.

non-negotiable receipt and its effect, ]858d.

j)enalties and liabilities, 1858f.

property not to be removed from Avitliout consent in writ-
ing, 1858a.

receipts of. See tit. WnrelnniMe ReoeiptM.

removal of property, written consent necessary, lS58a.

ti-.insfer of proju^rty in. b>- indorsement of receipt. 1858li.

breach of by agent, damages for, 3318.
\VAItRA.\TV. See tit. Sole.

agent's authority witli reference to, 2323, 2342.

breach of, riglits of party, 1786.

by Indorsement. 3116.

cfivenants for, 1463.

delinition of, 1763.

implied in contract of sale-, when. 17f, 1.

in excliange of money, 1807.

in Insurance. See tit. InMiirntice.

lineal and collateral warranties alxilisbed. 1 1 1 .i.

of money, on exchange, 1S04.

of quality of personal property, damages fur l>reacb <>f 3312.
for special purpose, danuiges for breach of. 331 I

of title, 1765.

of title to personal property, dam.-iges for breach of. :i;n;t.

on judicial sale, 1777.

i)n sale by sample, 1766.

where buyer relies on statement of seller. 1767.


[References are to sections.]


grantee's recovery for, 2177.
on mortgraged property, 2929.
WA.STE WATERS. See tits. Appropriation of Winters; \Vater.

notice of. See tit. Notice.
WATER. See tits. Appropriation; Water and Canal Companies.

abandonment of appropriation, 1411.
alluvion on. See tit. Alluvion,
appropriation of of

completion of, 1417.

diligence in, 1416, 1420.

first in time, first in right, 1414.

must be for useful purpose, 1411.

rights in stream acquired liy, 1410.
avulsion. See tit. Avulsion.

as to, 1015.

boundaries by, 830.

changing use of, effect, 1412.
completion of diversion, what constitutes, 1416.
diligence required in appropriating, 1416, 1420.
ditch or flume. See tit. Ditehe.s, Flumes, etc.
diversion, change of point of, 1412.

to receive and discharge on land, 801.

to take, 801.
flume or ditch. See tit. Ditches, Flumes, etc.
forfeiture of claim of appropriated, 1419, 1420.
hydraulic mining, use in, 1424.
islands in. See tit. Islands.

as to ownership of, 1016.
notice of appropriation ^

recording of, 1422.

requisites of, 1415.
posting, 1415.
priority of rights in, 1414.

reclaiming after turning into natural channel, 1413.
recording notice of appropriation, 1421.

doctrine of applied to, 1418.

of claim to date of posting notice, 1418.

of rights of present claimants, 1420.
servitudes of, 801, 802.

turning into natural channel, right to reclaim after, 1413.
^VATER AND CANAL CORPORATIONS. See tit. Appropriation.
liridges, duty to maintain on liighway, 551.
construction and repair of bridges, 551.
construction of canal, etc., 551.



[References are to sections.]

contract, city or town may for supply of water. .".IS.
contract to supply city or town, .548.
dutieH of

in furnishing cities with water, 549.
fire, duty in case of, 549.
flumes. ■ See tit. Dltoluvs, FIiiiiu-h, vtv.

duty as to, 551.

duty to maintain bridges on, wlien, 551.

not to be obstructed by, 551.
irrigation rights. See tit. Irrigutinn.

as to, generally, 551.
must furnish water for family use upon demand, 549.

rules may be prescribed, 549.
person furnished water entitled to continuance, when, 552.

cities to be charged, 549.

regulating rates, 548.
riglit of purchasers to use water for irrigation, 552.
stock of appurtenant to land, when, 324.

duty in case of fire, 549.

may construct bridges and recover therefor, 551.

may prescribe rules for, 549.
term of grant, 548.
WATKIt COMPANIES. See tit. \\ :itor niiil <:ni:il <->iiipaiiie!>4.
Nt«>(>k of

ainturtenant to land, when, .324.

tran.«ifer of, .324.
WATKIl K ATKS. See tits. Water Companies; Itatos.
WATKIt-ItKiHTS, as to. See tit. Water auil Canal < orporni iuii
approi)riatii)ii must be for useful purpose, 1411.
completion defined, 1417.

diligi'nce in appropriation of water. Illf..
doctrine of relation applied, 1418.
first in time, first in riglit, 1414.
forfeiture, 1419.

may be acquired by appropriation, IIH'.
notice of appropriation, as to, 1415.

contents of notice, 1415.

record of notice, 1415.
point of diversion may b<' ehanged. 1412.
recorder to keep book in which to record notices. 1421.
time within which to commence excavation '•" i.iii.iu r..«..

vations, 1422.
turning water into natural fbannel. 1413.



[References are to sections.]


telephone and telegraph lines along, 536.
WAY, See tit. Right of Way.

as to boundary by. See tit. Way.s, Boundary of.
AVAY OF NECESSITY. See tits. Easenieut.s; Servitude.
WAYS, BOUNDARIES BY. See tit. Boundaries.
as to, 831.

lateral and sub.iacent support, as to, 832.
WEIGHING AND MEASURING. See tit. Identification.
WHARF. See tit. Bridges, Ferry, Wharf, Chute, and Pier Cor-
WHARFINGER. See tit. Warehousemen.

inheritance by. See tit. Succession,
legacy to

charged with debts of testator, when, 1361.
interest on, accrues, when, 1369.
succession of. See tits. Coniniuuity Property; Hushand and
Wife; Succession.
W^IFE. See tits. Coniuiunity Property; Husband and Wife;
inherits from husband, 1400.

succeeds, when. See tits. Community Property; Husband and
Wife; Succession.
WIFE'S DEBTS. See tits. Community Property; Hu.sband and

WIFE'S VOID CONTRACT. See tits. Contract; Hu.sband and

WILFUL MISCONDUCT. See tit. Damages.

advancements. See tit. Advancements.

are ademptions, when. See tit. Ademptions.
after-born child revokes, when, 1306.
annuity. See tit. Annuity.
as to who may make a will, 1270.

bequest of interest and income, accrues from, when, 1366.
of residue, effect of, 1333.
vests, when, 1341.
certain words, effect of use of, 1334.

charitable bequests. See tit. Charitable Uses and Bequests.
charitable uses and bequests. See tit. Charitable Uses and

child born after testator's death. See tits. After-born Child;
Posthumous Child.
takes under will, when, 1339.
codicil. See tit. Codicil.

probate of. See tit. Probate.


[References are to sections.]

WILLS (continued).

competency of witness to, 1280.
condition precedent, what is in, 1348.

effect of, 1347.

when deemed performed, 134S.
condition subsequent, 1349.
conditional devises and bequests. 1345.
conditional will, 1281.

construction of. See "Rules of Construction," this till- .
construction of particular words in. See tit. \Vor«l.H mikI

conversion takes effect, wlien, 133S;.
deatli of devisee or legatee before testator, effect upon interest

in remainder, 1344.
devise or bequest to a class, 1337.

of all real or personal property, 1331.
devise vests, when, 1341.
devisees take as tenants in common, 1350.
estates devised charj^^eable with debts, 135S, 1359.
execution according to tenor, 1371.
execution and revocation of wills, l:i70.
gifts to subscribing witnesses void, 1282.
harmonizing various parts of will, 1321.
holographic, definition of, J277.
in what case devise not affected, 132 J.
intention to be asce':ained from the will, 1318.
interpretation, rues of, 1319.

law governing validity ami interpretation, 137(').
mistakes in 1340.
niiitunl ^vMl

as to rfenerally, 1279.

probite of, 1291.

proiW of nuncupative wills, 1200.

reoJisite of valid, 12S:).
natire and designntion of legacies. Seo tit. I.OKHolrn.
,,ljgraphic. See "Holographic," this title.
,>(i\<<r to devise, liow ex.iuti'd by terms of will. 1330.
rriMiltliciitiun liy codicil

as to generally, 1287.

nuncupative will, how ixecnted. 12.'»8.
residuary clauses. See tit. UeNi<tii:ir.> < hiuxeN.
riilrM of ronntnirtitin

as to geiier.illy. 1319.

certalii Wolds not neciss.iry to foe, 1329.

harmonizing various parts of, 1321.

Intestacy to be avoided. 132fi.

several Instruments to be tak<ii totr.ther. 132<i.

[References are to sections.]


riilt'N «>f c<»n.Htriioti«>u ( citntinueil ).
technical words not necessaiv, 1328.
i"chnical words used in, effict of. 1327.
where am])iguou.s or doubtful, 1323.
Tv-ot-.N taken in ordinary sense, 1324.

♦o receive- operativi' construction, 1325.
II . ises and legacies. See tit. Legrucien.
'...-I. i s in:.:»ntion to be curried out, 1317.
to I'e pr« vc<i w'tliin what timt-. 1364.
what mil y pasrf 'v will, 11'74.
wlui may taki !>. will, 1275.
will made out »t state not valid, whin. 12s."i.
will of married womaji Sec tit. Married Womon.

may make, alter, (.ir revoke will, 1273.
witness subscribing will, co'npetency of. See tit. W Hiion.s.

us to generally, 1280.
witness to, creditor competent, 1282.
witni'ss to adil i ■-'..!. ii •• i.TS.
witne».s to \'
words of doi.

to what time wuius ipit-r. laStt.
words of to he tak»Mi in orditmry sense, 1.124.
written will

as to, how executed, 127t).
after-born child, unpro\ i-led ^or, tits. Af

born Cliild; PoNtliunifiUM Cli > •
as to generally. 130!).
contract of sale not revocation, 1301.
conveyance, when not a r-fvocatfo - ' (•'
elVect of ninrringre

of man on his will, 1299.
of woman on her will, 1300.
evidence of revocation, 1293.
mortgage not a revocation, 1302.

by codicil, 1305.

by marriage, and birth of issue, 1298.

by subsequent will, 1296.

antecedent not revived by, 1297.
of duplicate, 1295.


Male of

delivery necessary to validity, 3440.

recording, 3440.

to be in writing, 3440.


[References are to sections.]

AVITNESS. See tit. Wills.
acknowledgment of, 1185.
creditor may be to will, 1282.
"depose," definition of, 14.

to nuncupative will, 1197.

to prove handwriting, 1199.
not necessarj' to holographic will, 1277.
oath to in taking acknowledgment, 1185.
privileged, testimony of, is, 47.

recorded instrument, may be proved otherwise than by sub-
scribing, 1197.

instrument may be proved otherwise than by, 1197.

manner of proving instrument by, 1196, 1197.

to be known to officer taking proof, 1196, 1197.

to prove what, 1197.
subscription of, definition of, 14.
testify, definition of, 14.

to prove execution of instrument must be personally known
to officer, 1202.

witness must prove what, 1197.
to will

as to, 1276, 1279.

cannot take under as by succession. 1283.

gift to. 1282.

who is a devisee, rights of. 1283.

right to take, 802.

damages for firing, 3346a.

meaning of in certain remainders, 1071.

"agent," includes what, 2295.

"create debts," meaning of, 579.

"descendants," in will, 1334.

"family," meaning of in will. 1334.

"for whom it may concern," in policy of insurance. 2592.

"heirs," in will, 1334.

iiow construed, 13.


in will, 1334.

meaning of in certain remainders, ]i)71.
"legal representatives," in will, 1334.
"near relations," in will, 1334.
"nearest of kin," in will, 1334.
"next of kin," in will, 1334.


[References are to sections.]

WORDS AND PHRASES (continued).

"personal representatives," in will, 1334.

"relations," in will, 1334.

"relatives," in will, 1334.

"representatives," in will, 1334.

unnecessary to transfer fee, 1072.

lien on threshing- machine, etc., 3061.

combined with property of another, ownership of article
produced, 1214.

deposit in case of shipwreck, 1815.

duty of depositary, 1816.

Kag-es of seamen not lost by, 2058.
WRITING. See tit. Statute of Fraiid.s.

contract in

how altered, 1698.

prevented by fraud from being- in, specific enforcement, 1623.

printed part controlled by, 1651.

erroneous disregarded, how far, 1640.

fraud, prevent putting contract in, enforcement, 1623.

instrument in

consideration presumed, 1614.
negotiable, transferable, 1459.

intention of parties, how ascertained, 1637.

private, property in, 985.

productions of the mind in, property of, 980, 984.

supersedes prior oral negotiations, 625.

transfer must be in, when, 1135.

consideration presumed, 1614.

debtor has a right to require, 1499.

consent to, no wrong suffered, 3515.

lunatics liable for, 41.

minors liable for, 41.

own, advantage cannot be taken of, 3517.

parties equally in the, courts will grant no relief, 3524.

remedy for every, 3523.

damages for, 3334.
YEARLY WORK. See tits. Development Work; Mining Claims.






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