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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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(allegation of ownership in fee, what is).

§681. SETERAL OWNERSHIP, WHAT. The ownership
of property by a single person is designated as a sole or
several ownership.

Hi.story: Enacted March 21, 1872.

§ 682. OWNERSHIP OF SEVERAL PERSONS. The owner-
ship of property by several persons is either:
1. Of joint interests;

491



§§ 683, 684 CIVIL CODE. [Div.II,Pt.I.

2. Of partnership interests;

3. Of interests in common;

4. Of community interest of husband and wife.

History: Enacted March 21, 1872; amended by Code Com-
mission, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 391.
held unconstitutional, see history, § 4 ante.

See vKerr's Cyc. C. C. for 6 pars, annotation.

112 C. 387, 399, 44 P. 734 (construed and applied); 116 C. 339.
342, 58 A. S. 170, 48 P. 228, 36 L. 497 (construed with §687); 136
C. 460, 463, 69 P. 83 (applied).

§683. JOI>'T INTEREST, WHAT. A joint interest is one
owned by several persons in equal shares, by a title created
by a single will or transfer, when expressly declared in the
will or transfer to be a joint tenancy, or when granted or
devised to executors or trustees as joint tenants.

History: Enacted March 21, 1872; amended by Code Com-
mission, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 391,
held unconstitutional, see history, § 4 ante.

See Kerr's Cyc. C. C. for 36 pars, annotation.

127 C. 142, 149, 78 A. S. 35, 59 P. 390 (construed and applied);
141 C. 432, 435, 75 P. 53 (applied); 3 C. A. 583, 590, 86 P. 825 (this
section applies to all kinds of property).

As to deposit in bank in joint names becoming gift to survivor,
see 51 A. S. 476.

As to joint account in savings bank, see 31 L. 454, 455.

As to what is a joint tenancy, see 22 L. 42.

§ 684. PARTNERSHIP INTEREST, WHAT. A partnership
interest is one owned by several persons, in partnership, for
partnership purposes.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 52 pars, annotation.

65 C. 46, 48, 2 P. 880 (construed and applied); 102 C. 384. 386,
36 P. 665 (construed and applied).

As to mining partnerships, their nature and constitution, and
who are partners therein, see 83 A. D. 104-111.

As to partnership in real estate, see 47 A. D. 320. 60 A. D. 539,
98 A. D. 197, 201, 8 L. 657.

As to validity of parol partnerships for dealing in land, see
16 L. 745-750.

492



Tit.II,ch.II,art.I.] interest in common. §§ 685, 686

As to when real estate will be considered partnership prop-
ertj', see 27 L. 449-497.

Effect of deed conveying- realty to partnership in firm name. —
See 4 A. C. 604.

Realty held by partnership, deceased partner's interest in. —
See 27 A. D. 454.

Validity of deed to partnership. — See 1 L. N. S. 157.

What constitutes a partnership to deal in real estate. — See
5 L. N. S. 503.

When real estate considered as partnership property — As to,
generally, see 27 L. 449-496.

§685. INTEEEST IN COMMON, WHAT. An interest in
common is one owned by several persons, not in joint own-
ership or partnership.

History: Enacted March 21, 1S72.

See Kerr's Cyc. C. C. for 284 pars, annotation.

141 C. 432, 435, 75 P. 53 (construed and applied).

As to action by one cotenant against another for rents and
profits, see 14 A. D. 586.

As to action in assumpsit by one cotenant against another, see
14 A. D. 587.

As to adverse claim by payment of taxes by cotenant. see 2 L.
172, 9 L. 740, 10 L. 101.

As to exclusive possession by one cotenant, see 12 L. 261-266.

As to husband and wife as cotenants, see 30 L. 305.

As to liability in common to action, see 12 L. 261-266.

As to liability of cotenants to account for use and occupation,
and rents and profits, see 28 L. 829, 77 A. D. 665, 668.

As to right of tenant in common to crops, see 9 L. 625.

As to right to levy on crops owned bv cotenants, see 23 L.
258, 260-263.

As to tenancy by entireties, see 30 L. 305-335.

Right of tenant in common who pays mortgage debt to enforce
mortgage against cotenant. — See 10 A. C. 282.

§ 686. WHAT INTERESTS ARE IN COMMON. Every inter-
est created in favor of several persons in their own right is
an interest in common, unless acquired by them in partner-
ship, for partnership purposes, or unless declared in its crea-
tion to be a joint interest, as provided in section six hundred
and eighty-three, or unless acquired as community property.

History: Enacted March .21, 1872; amended by Code Com-
mission, Act March 16. 1901, Stats, and Amdts. 1900-1, p. 391,
held unconstitutional, see history, § 4 ante.

493



§§ 687-690 CIVIL CODE. [Div.II.Ptl.

See Kerr's Cyc. C. C. for 10 pars, annotation.
141 C. 432, 43.5, 75 P. 53 (construed with other sections); 3 C. A.
583, 591, 86 P. 825, 828 (cited); 4 C. A. 276, 281, 87 P. 553 (cited).

§687. COMMUNITY PEOPERTY. Community property is
property acquired by husband and wife, or either, during
marriage, when not acquired as the separate property of
either.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 3 pars, annotation.

70 C. 282, 284, 11 P. 719, 720 (construed and applied); 116 C.
339, 342, 58 A. S. 170, 48 P. 228, 36 L. N. S. 497 (cited as to
definition of community property); 3 C. A. 651, 655, 86 P. 978
(community property, the moment it becomes a valid homestead,
ceases to be community property).

As to community property and what it includes, its acquisition
and transmutation, see Kerr's Cyc. C. C. § 164 and note; 1
Church's New Probate Law and Practice, 38, 42, 1729, 1732-1740.

§ 688. INTERESTS AS TO TIME. In respect to the time
of enjoyment, an interest in property is either:

1. Present or future; and,

2. Perpetual or limited.

HLstory: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 11 pars, annotation.

107 C. 410, 420, 40 P. 552 (construed and applied with other
sections).

§689. PRESENT INTEREST, "WHAT. A present interest
entitles the owner to the immediate possession of the
property.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 3 pars, annotation.
107 C. 410, 420, 40 P. 552 (construed with § 690).

§690. FUTURE INTEREST, \VHAT. A future interest
entitles the owner to the possession of the property only at
a future period.

History: Enacted March 21, 1872.
494



Tit.II,ch.II,art.I.] INTERESTS, KINDS. §§ 691-694

See Kerr's Cyc. C. C. for 9 pars, annotation.

79 C. 613, 622, 22 P. 50, 52 (construed and applied)'; 104 C. 298,
301, 37 P. 1049 (construed and applied with other sections); 107
C. 410, 420, 40 P. 552 (construed and applied); 122 C. 626, 627,
55 P. 595 (construed and applied with other sections); 133 C.
420, 422, 65 P. 952 (construed and applied with other sections).

As to estates, when vested and when contingent, see 1 L.
432-538, 3 L. 690-816, 9 L. 211, 12 L. 73.

As to right of remaindermen on condemnation, see 21 L.
212-223.

As to rule in Shelley's case affecting remainders, see 21 L. 212.

§691. PERPETUAL INTEREST, WHAT. A perpetual
interest has a duration equal to that of the property.

History: Enacted March 21, 1872.

§692. LIMITED INTEREST, WHAT. A limited interest
has a duration less than that of the property.
History: Enacted March 21, 1872.

§ 693. KINDS OF FUTURE INTERESTS. A future interest
is either:

1. Vested; or,

2. Contingent.

History: Enacted March 21, 1872.

150 C. 39, 50, 87 P. 1097 (in action for waste, plaintiff's interest,
is not vested where it is only contingent).

§694. VESTED INTERESTS. A future interest is vested
when there is a person in being who would have a right,
defeasible or indefeasible, to the immediate possession of
the property, upon the ceasing of the intermediate or prece-
dent interest.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 23 pars, annotation.

73 C. 99, 102, 14 P. 394, 396 (construed and applied); 122 C.
626, 627, 55 P. 595 (construed and applied); 132 C. 523, 574, 578,
84 A. S. 70, 60 P. 442, 64 P. 1000 (construed and applied); 133 C.
420, 422, 65 P. 952 (construed with other sections); 136 C. 97,
106, 68 P. 494 (construed and applied).

495



§§ 695-698 CIVIL CODE. [Div.II,Pt.I.

§695. CONTINGENT INTERESTS. A future interest is
contingent, whilst tlie person in whom, or the event upon
which, it is limited to take effect remains uncertain.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 8 pars, annotation.

120 C. 79, 84, 85, 52 P. 132 (construed and applied with other
sections); 150 C. 39, 50, 87 P. 1097 (in action for waste, plaintiff's
interest is not vested where it is only contingent).

As to contingent remainders, their definition, classification,
and principles relating to generally, see 24 Encyc. L. 395, 400.

As to estates when vested and when contingent, see 1 L. 432,
538; 3 L. 690, 816; 9 L. 211.

As to power to cut off contingent interests, see 19 L. 247.

§696. TWO OR MORE FUTURE INTERESTS. Two or

more future interests maj^ be created to take effect in the
alternative, so that if the first in order fails to vest, the
next in succession shall be substituted for it, and take effect
accordingly.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 18 pars, annotation.
• As to successive remainders or future estates to take effect in
the alternative and in succession, see 24 Encyc. L. 417 (5) under
improper and condemnable head "Double Contingency or Con-
tingency with Double Aspect."

§ 697. CERTAIN FUTURE INTERESTS NOT TO BE VOID.

A future interest is not void merely because of the improb-
ability of the contingency on which it is limited to take effect.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 4 pars, annotation.

As to remoteness of contingency, see 24 Encyc. L. 402.

Common-law doctrine. — Possibility upon which remainder is
to depend must be common possibility, or potentia propinqua;
e. g. death, or death without issue, or coverture; for potentia
est duplex, remota et propinqua. — 2 Cruise's Dig. 272.

§ 698. POSTHUMOUS CHILDREN. When a future interest
is limited to successors, heirs, issue, or children, posthumous

496



Tit.II,ch.II,art.I.] expectant estates. §§ 699, 700

children are entitled to take in the same manner as if living
at the death of their parents.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 6 pars, annotation.

As to rig-hts of after-born children not provided for in will,
see 2 Church's New Probate Law and Practice, 1566, 1579.

As to posthumous children defeating future interest, see for
a full discussion and authorities, Kerr's Cyc. C. C. § 739 and note.

As to posthumous children as grantees, see 44 L. 489.

Child en ventre sa mere — When regarded as in being. — See 43
A. D. 472; also Kerr's Cyc. C. C. § 29, note pars. 59-63.

Same — ^WVien gift to "children" includes. — See 7 A. C. 134.

Same — Who is and property rights of. — See 19 A. S. 946.

§699. QUALITIES OF EXPECTANT ESTATES. Future
interests pass by succession, will, and transfer, in the same
manner as present interests.

HLstory: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 28 pars, annotation.

104 C. 298, 301, 37 P. 1049 (construed and applied); 107 C. 410,
420, 40 P. 552 (construed and applied with other sections); 108
C. 627, 649, 49 A. S. 97, 41 P. 772 (construed and applied); 122 C.
626, 627, 55 P. 595 (construed and applied); 133 C. 420, 422, 65 P.
952 (construed and applied); 150 C. ' 39, 48, 87 P. 1097 (con-
tingent estate is a species of property and may be transferred).

As to devolution and transfer of estates in remainder, see 24
Encyc. L. 406.

§ 700. SAME. [MERE POSSIBILITY NOT AN INTEREST.]

A mere possibility, such as the expectancy of an heir apparent,
is not to be deemed an interest of any kind.

Hi-story: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 16 pars, annotation.

70 C. 282, 286, 11 P. 719, 721 (erroneously cited for § 700 C. C.
P.) ; 104 C. 570, 584, 43 A. S. 134, 38 P. 414, 32 K 595 (construed with
§1045 — these sections simply state common-law rule); 112 C.
387, 393, 44 P. 734 (construed and applied); 124 C. 43, 44, 56 P.
640 (construed and applied); 138 C. 355, 361, 70 P. 1076 (con-
strued and applied with § 1045); 141 C. 366, 370, 74 P. 993 (con-
strued and applied with § 1045).

497



§§ 701-703 CIVIL CODE. [Div.II.Pt.I.

As to validity of sale of expectant estate by prospective heir,
see 33 L. 266-287.

As to validity of transactions between heir and his ancestor
relating to the former's expectancy, see 32 L. 595, 602.

§ 701. INTERESTS I\ RE.VL PROPERTY.. In respect to
real or immovable property, the interests mentioned in this
chapter are denominated estates, and are specially named
and classified in part two of this division.

HiMtoryt Enacted March 21. 1872.

Fur commissioners' comnifnt on the above section, see Kerr's
Cyc. C. C. § 701, note.

§70i>. SAME. [NAMES AND CLASSIFICATION OF IN-
TERESTS.] The names and classification of interests in real
property have only such application to interests in personal
property as is in this division of the code expressly provided.

HUtory: Enacted March 21, 1872; amended by Code Com-
mission, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 391,
held unconstitutional, see history, $ 4 ante.

§708. WHAT FUTURE INTERESTS ARE RECOGNIZED.

No future interest in property is recognized by the law,
except such as is defined in this division of the code.

HtNtory: Enacted March 21, 1872; amended by Code Com-
mission. Act March 16, 1901. Stats, and Amdts. 1900-1, p. 392,
held unconstitutional, see history, § 4 ante.



498



Tit.II.ch.II.art.II.] CONDITIONS. §§ 707-709

ARTICLE II.

CONDITIONS OF OWNERSHIP.

§ 707. Fixing the time of enjoyment.

§ 708. Conditions.

§ 709. Certain conditions precedent void.

§ 710. Conditions restraining marriage. [Void when.]

§ 711. Conditions restraining alienation void.

§ 707. FIXING TIME OF ENJOYMENT. The time when
the enjoyment of property is to begin or end may be deter-
mined by computation, or be made to depend on events. In
the latter case, the enjoyment is said to be upon condition.

HLstory: Enacted March 21, 1S72.

See Kerr's Cyc. C. C. for 82 pars, annotation.

109 C. 323, 330, 50 A. S. 43, 41 P. 1089 (construed and applied).

Conditions precedent and subsequent. — Vesting of, see Kerr's
Cyc. C. C. § 708 and note.

Precedent and subsequent. — See Kerr's Cyc. C. C. § 708 and
note.

Uses and trusts. — See Kerr's Cyc. C. C. §§ 847 et seq. and notes.

§ 708. CONDITIONS. Conditions are precedent or subse-
quent. The former fix the beginning, the latter the ending,
of the right.

History: Enacted March 21, 1872.

As to conditions precedent, see Kerr's Cyc. C. C. § 1436 and
note.

As to conditions subsequent, see Kerr's Cyc. C. C. § 1438 and
note.

§ 709. CERTAIN CONDITIONS PRECEDENT VOID. If a

condition precedent requires the performance of an act wrong
of itself, the instrument containing it is so far void, and the
right cannot exist. If it requires the performance of an act
not wrong of itself, but otherwise unlawful, the instrument
takes effect and the condition is void.

History: Enacted March 21, 1872; amended by Code Com-
mission, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 392.
held unconstitutional, see history, § 4 ante.

499



§§710,711 CIVIL CODE. [Div.II,Pt.I.

See Kerr's Cyc. C. C. for 4 pars, annotation.
55 C. 564, 566 (meaning of "instrument" — it does not embrace
what).

As to unlawful contracts, see Kerr's Cyc. C. C. § 1441 and note.



§710. CONDITIONS RESTRAINING MARRIAGE. [VOID
WHEN.] Conditions imposing restraints upon marriage, ex-
cept upon the marriage of a minor, are void; but this does
not affect limitations where the intent was not to forbid mar-
riage, but only to give the use until marriage..; ,, .

History! Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4. p. 218.

See Kerr's Cyc. C. C. for 35 pars, annotation.

149 C. 146, 151, 85 P. 308, 9 A. C. 1143 (distinction between con-
ditions in restraint of marriage, as applied to real and to per-
sonal estate, abolished).

As to effect of statute prohibiting remarriage of guilty party
on divorce, see 24 L. 831.

As to injunctions against enforcing contracts relating to
marriage under marriage-brokerage contracts, see 48 L. 842-
850.

As to restraint with limitation over, see Kerr's Cyc. C. C.
§ 710, note pars. 29-33.

§711. CONDITIONS RESTRAINING ALIENATION VOID.

Conditions restraining alienation, when repugnant to the
interest created, are void.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 45 pars, annotation.

,64 C. 363, 366, 367, 28 P. 118, 120 (applied); 74 C. 141, 143, 15
P. 451, 452 (applied); 110 C. 423, 426, 427, 42 P. 908 (referred to);
141 C. 659, 667, 75 P. 344 (applied with §715); 149 C. 178, 188,
189, 190, 86 P. 603 (not applicable to what conveyance); 149 C.
667, 675, 87 P. 276 (construed — section declares against repug-
nant conditions restraining alienation, but rule does not depend
on mere form in which restraint is imposed — what covenants
are avoided); 149 C. 712, 717, 87 P. 573 (instance of repugnancy
to particular interest created, by will, and consequently void).

As to conditions subsequent, see Kerr's Cyc. C. C. § 1438 and
note.

As to restraint against alienation, see note 9 A. D. 200-202;
57 A. D. 488-499; 32 A. D. 242, 243; 9 A. S. 405-408.

500



Tit.II,ch.II.art.III.l RESTRAINTS, VALIDITY. §715

ARTICLE III.

RESTRAINTS UPON ALIENATION.

§ 715. How long it may be suspended.

§ 716. Future interests void, which suspend power of aliena-
tion.
§ 717. Leases of agricultural land, for over fifteen years, void.
§ 718. Leases of city lots, for over fifty years, void.

§ 715. HOW LONG IT MAY BE SUSPENDED. The abso-
lute power of alienation cannot be suspended, by any limita-
tion or condition whatever, for a longer period than during
the continuance of the lives of persons in being at the crea-
tion of the limitation or condition, except in a single case
mentioned in section seven hundred and seventy-two.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 125 pars, annotation.

58 C. 457, 473, 481, 482 (construed); 73 C. 99, 103, 14 P. 394,
396 (applied); 74 C. 141, 143, 15 P. 451, 452 (referred to in con-
struing limitations of power to sell to named person): 79 C.
613, 622, 22 P. 50, 52 (applied); 105 C. 192, 197, 38 P. 636 (con-
strued); 108 C. 627, 646, 647, 649 (cited), 656, 657, 658 (applied to
trusts in personal property) ; 49 A. C. 97, 41 P. 772; 109 C. 323, 330,
50 A. S. 43, 41 P. 1089 (applied); 118 C. 656, 657, 658, 50 P. 753
(applied); 119 C. 139, 146, 51 P. 38 (applied); 121 C. 379, 382, 53 P.
813 (applied); 123 C. 140, 142, 55 P. 681 (construed with other sec-
tions) ; 124 C. 533, 536, 57 P. 564 (applied with other sections);
133 C. 617, 620, 85 A. S. 227, 66 P. 32 (cited) ; 136 C. 138, 141, 142, 89
A. S. 120, 68 P. 587 (applied); 144 C. 121, 125, 127, 77 P. 825 (con-
strued); 149 C. 200, 204, 205, 85 P. 147 (limitation or condition
created only upon death of deceased, and not at time of execu-
tion of will); 149 C. 712, 714, 87 P. 573 (applied); 150 C. 640, 645,
89 P. 606 (limit of trust for accumulation); 152 C. 201, 204, 92
P. 184, 185 (trust created by will, when void); 5 C. A. 188, 191,
89 P. 1065 (court has often considered and upheld this section);
86 F. 975, 976 (what deed of trust is not in violation of law).

As to charitable uses and trusts, see 9 A. D. 577-588; 44 A. D.
98-101; 67 A. D. 184; 90 A. D. 101-106; 38 A. R. 300-303; 39 A. R.
738-750; 58 A. R. 599-601; 60 A. R. 230-236; 49 A. S. 117-138; 63
A. S. 248-269.

As to charitable uses and trusts, with reference to the rule
against perpetuities, see 5 Encyc. L. 902.

501



§§716,717 CIVIL CODE. [Div.II,Pt.L

As to perpetuities in general, see 9 A. D. 577-588; 60 A. R.
230-236; 49 A. S. 117-138; 63 A. S. 248-269; 64 A. S. 755-772; 95
A. S. 214-234; 1 L. 453; 3 L. 145-149; 4 L. 140; 11 L. 85-89; 20 L.
509-517.

Lease witli option to purchase — As to validity. — See Kerr's
Cyc. C. C. § 715, note par. 85; § 718, note par. 5.

Provision against alienation of interest of cestui que trust. —
See 2 L. 113.

Restraints upon alienation. — See 9 A. D. 200; 16 Cent. Dig.
col. 1624, § 479.

Suspension of power of alienation — As to generally, see 1 L.
453; 3 L. 145; 4 L. 110; 11 L. 85; 11 L. 87.



§716. FUTURE INTERESTS VOID, WHICH SUSPEND
POWER OF ALIEN.\TIO>'. Every future interest is void in
its creation which, by any possibility, may suspend the abso-
lute power of alienation for a longer period than is prescribed
in this chapter. Such power of alienation is suspended when
there are no persons in being by whom an absolute interest
in possession can be conveyed.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 2 pars, annotation.

73 C. 99, 103, 14 P. 394, 396 (applied with §715); 79 C. 613,
622, 22 P. 50, 52 (construed); 108 C. 627, 647, 648, 49 A. S. 97,
41 P. 772 (applied with other sections); 119 C. 139, 146, 51 P.
38 (applied with other sections); 121 C. 379, 382, 53 P. 813
(construed); 123 C. 140, 143, 55 P. 681 (construed); 124 C. 533,
537, 57 P. 564 (construed with other sections); 136 C. 138, 141,
142, 89 A. S. 120, 68, P. 587, 588 (construed with other sec-
tions); 149 C. 712, 714, 717, 87 P. 573 (applied); 150 C. 640, 645,
89 P. 606 (limit of trust for accumulation); 152 C. 201, 204. 92
P. 184, 185 (trust created by will, when void); 5 C. A. 188, 191,
89 P. 1065 (court has often discussed and upheld this section);
86 F. 975, 976 (referred to).

As to restraint on alienation, see Kerr's Cyc. C. C. § 715 and
note.



§717. LEASES OF AGRICULTURAL LAND, FOR OVER
FIFTEEN YEARS, VOID. No lease or grant of land for agri-
cultural or horticultural purposes for a longer period than
fifteen years, in which shall be reserved any rent or service
of any kind, shall be valid.

502



Tit.II,cli.II.art.III.] CITY LOTS, LEASE. §718

History: Enacted March 21,' 1872; amended March 26, 1895,
Stats, and Amdts. 1895, p. 75; April 19, 1909, Stats, and Amdts.
1909, p. 1000.

See Kerr's Cyc. C. C. for 2 pars, annotation.
141 C. 326, 330, 74 P. 995 (construed).

§718. LEASES OF CITY LOTS, FOR OVER FIFTY
YEARS, VOID. No lease or grant of any town or city lot,
for a longer period than fifty years, in which shall be reserved
any rent or service of any kind, shall be valid; provided, that
the property of any municipality, or any minor or incompe-
tent person shall not be leased for a longer period than
ten years.

History: Enacted March 21, 1872; amended March 20, 190,3,
Stats, and Amdts. 1903, p. 247.

See Kerr's Cyc. C. C. for 5 pars, annotation.

136 C. 138, 141, 142, 89 A. S. 120, 68 P. 587 (applied); 141 C.
659, 667, 75 P. 344 (construed).



503



§ 722 CIVIL CODE. [Div.II.Pt.I.



ARTICLE IV.

ACCUMULATIONS.

§ 722. Dispositions of Income.

§ 723. Accumulations, when void.

§ 724. Accumulation of income.

§ 725. Other directions, when void in part.

§ 726. Application of income to support, etc., of minor.

§722. DISPOSITIONS OF INCOME. Dispositions of tlie
income of property to accrue and to be received at any time
subsequent to the execution of the instrument creating such
disposition, are governed by the rules prescribed in this title
in relation to future interests.

History: Enacted March 21, 1872.

58 C. 457, 481 (construed with other sections); 79 C. 613, 623,
22 P. 50 (applied with other sections).
See post § 724 and note.

PERPETUITIES.

Accumulations — -During- life or lives. — See 39 Cent. Dig. col. 893,
§71.

Same — During minority. — See 39 Cent. Dig. col. 890, § 70.

Same — Effect of invalid provision for. — See 39 Cent. Dig. col.
898, § 73.

Same — For definite period of time. — See 39 Cent. Dig. col.
888, § 69.

Same — Purpose of. — See 39 Cent. Dig. col. 896, § 72.

Same — Restrictions on. — See 39 Cent. Dig. col. 884, § 67.

Same — What constitutes trusts for. — See 39 Cent. Dig. col.
885, § 68.

Circumstances under which rule against is applicable. — See
49 A. S. 117; 2 Obiter Dig. 462.

Conflict of laws as to. — See 2 L. N. S. 432.

Constitutional and statutory provisions against. — See 39 Cent.
Dig. col. 730, § 3.

Contract for indefinite option, or indefinite renewal of option,
as a perpetuity. — See 9 L. N. S. 913.

Definition of. — See 2 Obiter Dig. 461; 6 W. & P. 5319.

Devise — Of life estate to unborn children of living persons,
as contravening rule against. — See 6 L. N. S. 330.

Same — To a class, some of whom may not take within a pre-



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