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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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scribed period. — See 2 Obiter Dig. 462.

504



Tit.II,ch.II,art.IV.] PERPETUITIES. § 723

Effect of — Invalidity. — See 39 Cent. Dig. col. 838, |§ 43, 44.

Same — On other interests. — See 5 A. D. 427.

Same — On prior takers on the failure of a gift clause in
violation of rule against. — See 20 L. 509.

Same — Upon contemporaneous interests. — See 5 A. D. 431.

Limitation of estate upon probate of will, as a violation of
the rule against. — See 10 L. N. S. 564.

Origin — And nature of rule against. — See 39 Cent. Dig. col.
727, § 1.

Same — Of rule against. — See 2 Obiter Dig. 461.

Provisions for in violation of the law. — See 1 L. 453.

Remainder — And executory devises. — See 39 Cent. Dig. col.
742, §§ 9-30.

Same — Void for remoteness, effect on particular estate. —
See 3 L. N. S. 639.

Remoteness of gifts to charity.— See 39 Cent. Dig. col. ■ 868,
§§57-66.

Restrictions as to remoteness in general. — See 39 Cent. Dig.
col. 732, §§ 4-8.

Rule against has reference to time. — See 2 Obiter Dig. 461.

Severability of perpetuities. — See 64 A. S. 634.

Suspension of absolute ownership too remote when. — See 11
D. 87.

Suspension of absolute power of alienation^Invalidity. — See
39 Cent. Dig. col. 847, §§ 45-56.

Trust for accumulation. — See 8 A. D. 917.

Trusts for charitable uses. — See 1 L. 419; 3 L. 145; 5 L. 34; 11
L. 86; 6 W. & P. 5321.

Trust — In respect to personal property. — See 3 L. 145; 11 L. 89.

Unlawful suspension of power of sale. — See 11 L. 88.

Uses, trusts and powers — As to, generally, see 39 Cent. Dig.
col. 803, §§ 31-39.

Validity of restraints on the alienation of a fee simple during
a limited time. — See 3 L. N. S. 68-676.

What are forbidden in the United States. — See 90 A. D. 101.

When vesting of estate depends on contingency. — See 11 L. 85.

§ 723. ACeUMTTLATIONS, ^VHEX VOID. All directions for
the accumulation of the income of property, except such as
are allowed by this title, are void.

History: Enacted March 21, 1872.

58 C. 457. 481 (construed with other sections); 136 C. 97. 103,
68 P. 494 (construed); 136 C. 138, 142, 89 A. S. 120, 68 P. 587
(referred to); 144 C. 121, 127, 77 P. 825 (it is only "directions"
for accumulation of income that statute makes void); 150 C.
640, 644, 89 P. 606 (applied).

See Kerr's Cyc. C. C. § 724 and note.

505



§§ 724, 725 CIVIL CODE. [Div.II.Pt.I.

§ 724. ACCUMULATION OF INCOME. An accumulation of
the income of property, for the benefit of one or more per-
sons, may be directed by any will or transfer in writing
sufficient to pass the property out of which the fund is to
arise, as follows:

1. If such accumulation is directed to commence on the
creation of the interest out of which the income is to arise,
it must be made for the benefit of one or more minors then
in being, and terminate at the expiration of their minority; or,

2. If such accumulation is directed to commence at any
time subsequent to the creation of the interest out of which
the income is to arise, it must commence within the time in
this title permitted for the vesting of future interests, and
during the minority of the beneficiaries, and terminate at the
expiration of such minority.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 22 pars, annotation.

58 C. 457, 480, 481, 482 (construed and applied); 79 C. 613, 623,
624, 22 P. 50, 52 (construed and applied); 136 C. 138, 142, 89
A. S. 120, 68 P. 587 (referred to); 150 C. 640, 644, 645, 89 P. 606
(construed — direction for accumulation valid when).

As to accumulations, see 49 A. S. 117, 127, 138; 73 A. S. 413,
440; 1 L. 453, 454; 3 L. 145-149; 4 L. 140, 141; 11 L. 85-89.

Same — Liability for debts, — as to, see Kerr's Cyc. C. C. § 859
and note.

Same — Ownership of undisposed of, — as to, see Kerr's Cyc.
C. C. § 733 and note.

Same — Provision for, in will, see 2 Church's New Probate Law
and Practice, 1589, 1601.

As to trust in respect to personal property, see 3 L. 145-149;
11 L. 85-89.

Annuities, — as to, see Kerr's Cyc. C. C. §§ 1357, 1366 and notes.

Beneficiary's interest. — As to restraint upon disposition of,
see Kerr's Cyc. C. C. § 859 and note.

Income. — As to bequest of, see Kerr's Cyc. C. C. §§ 1357, 1366
and notes.

§ 725. OTHEK DIRECTIONS, WHEN VOID IN PART. If

in either of the cases mentioned in the last section the direc-
tion for an accumulation is for a longer term than during
the minority of the beneficiaries, the direction only, whether

506



Tit.II,Ch.II,art.IV.] INCOME FOR SUPPORT. § 726

separable or not from other provisions of the instrument, is
void as respects the time beyond such minority.

History: Enacted March 21, 1872.

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

58 C. 457. 481 (construed); 150 C. 640, 645, 89 P. 606 (construed
— direction for accumulation valid when).

§726. APPLICATION OF OCOJIE TO SUPPORT, ETC.,
OF MINOK. When a minor for whose benefit an accumula-
tion has been directed is destitute of other sufficient means
of support and education, the propert court, upon applica-
tion, may direct a suitable sum to be applied thereto out of
the fund.

History: Enacted March 21, 1872.

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

58 C. 457, 481.

See Kerr's Cyc. C. C. P. §§ 1771, 1792 and notes.



507



§§ 732-739 CIVIL CODE. [Div.II.Pt.I.

CHAPTER III.

RIGHTS OF OWNERS.

§ 732. Increase of property.

§ 733. In certain cases, who entitled to income of property.

§ 732. INCREASE OF PROPERTY. The owner of a thing
owns also all its products and accessions.

History: Enacted March 21, 1872.

§ 783. I> CERTAIN CASES, WHO ENTITLED TO INCOME
OF PROPERTY. When, in consequence of a valid limitation
of a future interest, there is a suspension of the power of
alienation or of the ownership during the continuation of
which the income is undisposed of, and no valid direction
for its accumulation is given, such income belongs to the
persons presumptively entitled to the next eventual interest.

History: li^nacted March 21, 1872.

139 C. 682, 689, 73 P. 606 (applied — where will contained no
direction concerning accumulations of income).

CHAPTER IV.

TERMINATION OF OWNERSHIP.

§ 739. Future interests, when defeated.
§ 740. Same. [How defeated.]
§ 741. Future interests, when not defeated.

§ 742. Same. [Contingency happening, how future interest
takes effect.]

§ 739. FUTURE INTERESTS, WHEN DEFEATED. A

future interest, depending on the contingency of the death
of any person without successors, heirs, issue, or children, is
defeated bj the birth of a posthumous child of such person,
capable of taking by succession.

History: Enacted March 21, 1872.
508



Titll.ch.IV.] FUTURE INTEREST. §§ 740-742

§ 740. SAME. [HOW DEFEATED.] A future interest may
be defeated in any manner or by any act or means which the
party creating sucli interest provided for or autliorized in
the creation thereof; nor is a future interest, thus liable to
be defeated, to be on that ground adjudged void in its creation.
History: Enacted March 21, 1872.

§741. FUTURE INTERESTS, WHEN NOT DEFEATED.

No future interest can be defeated or barred by any aliena-
tion or other act of the owner of the intermediate or prece-
dent interest, nor by any destruction of such precedent inter-
est by forfeiture, surrender, merger, or otherwise, except as
provided by the next section, or where a forfeiture is imposed
by statute as a penalty for the violation thereof.

History: Enacted March 21, 1872.

147 C. 554, 559, 109 A. S. 162, 82 P. 202 (section simply declares
what was always the law).

§742. SAME. [CONTINGENCY HAPPENING, HOW
FUTURE INTEREST TAKES EFFECT.] No future interest,
valid in its creation, is defeated by the determination of the
precedent interest before the happening of the contingency on
which the future interest is limited to take effect; but should
such contingency afterwards happen, the future interest takes
effect in the same manner and to the same extent as if the
precedent interest had continued to the same period.

History: Enacted March 21, 1872.



509



§§ 748, 749 CIVIL CODE. [Div.II,Pt.I.



TITLE III.

GENERAL DEFINITIONS.

§ 748. Income, what.

§ 749. Time of creation, what.

§ 748. INCOME, WHAT. The income of property, as the
term is used in this part of the code, includes the rents and
profits of real property, the interest of money, dividends upon
stock, and other produce of personal property.

HLstory: Enacted March 21, 1872.

§ 749. TIME OF CREATION, WHAT. The delivery of the
grant, where a limitation, condition, or future interest is cre-
ated by grant, and the death of the testator, where it is cre-
ated by will, is to be deemed the time of the creation of the
limitation, condition, or interest, within the meaning of this
part of the code.

History: Enacted March 21, 1872.

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

79 C. 613. 622, 22 P. 50, 52 (cited); 108 C. 627, 647, 49 A. S. 97,
41 P. 772 (cited); 123 C. 140, 142, 143, 55 P. 681 (referred to); 124
C. 533, 537, 57 P. 564 (cited as to time of creation of limitation
where trust is created by will); 86 F. 975, 976 (referred to).

Suspension of power of alienation. — See Kerr's Cyc. C. C.
§ 715 and note.



510



II



i Pt.II,Tit.I.] REAL PROPERTY. § 755



PART II.

REAL OR IMMOVABLE PROPERTY.

Title I. General Provisions. § 755.

IL Estates in Real Property, §§ 761-811.

IIL Rights and Obligations of Owners, §§ 818-843.

IV. Uses and Trusts, §§ 847-871.

V. Powers, §§ 878-940. [Repealed.]



TITLE I.

GENERAL PROVISIONS.

§ 755. Real property, how governed.

§ 755. REAL PROPERTY, HOW GOVERNED. Real prop-
erty within this state is governed by the law of this state,
except where the title is in the United States.

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

See Kerr's Cyc. C. C. for 4 pars, annotation.
85 C. 280, 282, 24 P. 743, 744 (cited).

Declaratory of common law. — See 22 Encyc. L. 1321.
Territorial jurisdiction — Limitation on. — See Kerr's Pocket.
Pol. C. §§ 33, 34.



511



§ 761 CIVIL CODE. [Div.II,Pt.I.

TITLE II.

ESTATES IN REAL, PROPERTY.

Chapter I. Estates in General, §§ 761-781.

II. Termination of Estates, §§ 789-793.
IIL Servitudes, §§ 801-811.

CHAPTER I.

ESTATES IN GENERAL.

§ 761. Enumeration of estates.

§ 762. What estate a fee simple.

§ 763. Conditional fees and estates tail abolished.

§ 764. Certain remainders valid.

§ 765. Freeholds. Chattels real. Chattel interests.

§ 766. Estate for life of a third person, when a freehold, etc.

§ 767. Future estates, what.

§ 768. Reversions.

§ 769. Remainders.

§ 770. Suspended ownership.

§ 771. Suspension by trust.

§ 772. Contingent remainder in fee.

§ 773. Remainders, future and contingent estates, how created.

§ 774. Limitation of successive estates for life.

§ 775. Remainder upon estates for life of third person.

§ 776. Contingent remainder on a term of years.

§ 777. Remainder of estates for life.

§ 778. Remainder upon a contingency.

§ 779. Heirs of a tenant for life, when to take as purchasers.

§ 780. Construction of certain remainders.

§ 781. Effect of power of appointment.

§761. E?fUMERAT10.\ OF ESTATES. Estates in real
property, in respect to the duration of their enjoyment, are
either:

1. Estates of inheritance or perpetual estates;

2. Estates for life;

3. Estates for years; or,

4. Estates at will.

History: Enacted March 21, 1872.
512



II



Tit.II.ch.I.] FEB SIMPLE— ESTATES TAIL. §§ 7g2, 763

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

79 C. 442, 443, 21 P. 861, 862 (applied); 142 C. 529, 538, 76 P.
243 (referred to); 150 C. 177, 178, 88 P. 706 (allegation of owner-
ship in fee, what is); 150 C. 392, 394, 88 P. 1090 (nature of
estate created by privilege to temporarily use tide lands of
state).

Tenancy at will. — See Kerr's Cyc. C. C. § 761 and note.

"Estate" — In testamentary gift restricted to personalty. —
See 3 A. C. 420.

Same — Interest in property with power to dispose of when
does and wlien does not amount to an estate in fee. — See 49
A. D. 115.

Same — Merger of, as dependent upon intention of parties. —
See 7 A. C. 700.

Estates-tail, creation, nature and destruction. — See 7 A. S.
428.

Lease is an estate in real property. — See 79 C. 442; 21 P. 861.

Tenancy at will. — See Kerr's Cyc. C. C. § 761 and note.



§ 762. WHAT ESTATE A FEE SIMPLE. Every estate of
inheritance is a fee, and every such estate, when not defeas-
ible or conditional, is a fee simple or an absolute fee.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 218; amended by Code Commission, Act
March 16, 1901, Stats, and Amdts. 1900-1, p. 322, held uncon-
stitutional, see history, § 4 ante.

. : -, : 4?;

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

150 C. 177, 178, 88 P. 706 (allegation of ownership in fee, what
is): 3 C. A. 633, 640, 86 P. 985 (referred to).

Words of inlieritance not essential. — See Kerr's Cyc. C. C.
§ 1072 and note.



§763. COXDITIONAL FEES A>D ESTATES TAIL
ABOLISHED. Estates tail are abolished, and every estate
which would be at common law adjudged to be a fee tail is a
fee simple; and if no valid remainder is limited thereon, is a
fee simple absolute.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 4 pars, annotation.
104 C. 298, 302, 37 P. 1049 (construed).
Shelley's case — Rule in. — See 25 Encyc. L. 639.
Kerr's C. C. — 17 513



§§ 764-766 CIVIL CODE. [Div.II,Pt.II.

§ 764. CERTAIN REMAINDERS VALID. Where a
remainder in fee is limited upon any estate, which would by
the common law be adjudged a fee tail, such remainder is
valid as a contingent limitation upon a fee, and vests in pos-
session on the death of the first taker, without issue living at
the time of his death.

History: Enacted March 21, 1872.

As to remainders, conversions, and executory interest, see 24
Encyc. L. 374.

§765. FREEHOLDS. CHATTELS REAL. CHATTEL
INTERESTS. Estates of inheritance and for life are called
estates of freehold; estates for years are chattels real; and
estates at will are chattel interests, but are not liable as such
to sale on execution.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 7 pars, annotation.
113 C. 345, 353, 45 P. 680 (applied); 142 C. 529, 538, 539, 76 P.
243 (cited).

§ 766. ESTATE FOR LIFE OF THIRD PERSON, >VHEN A
FREEHOLD, ETC. An estate during the life of a third per-
son, whether limited to heirs or otherwise, is a freehold.

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

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

Adverse possession of, during- life tenancy. — See 19 L. 839.

Debts of life tenant as affecting property. — See 1 L. 545.

Dividends — Respective rights of life tenant and remainder-
man to. — See 45 L. 394.

Same — Right to, as between remainderman and life tenant. —
See 12 L. N. S. 768-812.

Dividends on stock, wlien go to tenant of. — See 24 A. R. 169;
54 A. R. 264.

Duty of life tenant to pay taxes. — See 32 L. 744-757.

Effect upon rule in Shelley's Case in express proliibition
against conveyance or encumbrance of property by life ten-
ant.— See 7 L. N. S. 1109.

Emblements, right of tenant to. — See 69 A. D. 511.

514



Tit.II,ch.I.] FUTURE STATES. § 767

Estovers, right of tenant for, to. — See 64 A. D. 367.

Improvements, allowance to life tenant for. — See 81 A. S. 183.

In personal property. — See 67 A. D. 453.

Public improvement — Must life tenant or remainderman bear
expenses of. — See 10 L. 342.

Reservation of, as illustrating grantor's intention in deliver-
ing deed to third person. — See 54 L. 884.

Right — As between life tenant and remainderman, in distribu-
tion made by corporations. — See 12 L. N. S. 762-812.

Same — On condemnation of property. — See 21 L. 212.

Same — To crop on death of life tenant. — See 1 L. 427; 11 L. 800.

Same — To increase stock and stock dividends, as between
owners of capital and income. — See 16 L. 461.

Right of estate of one entitled by will or statute to allow-
ance for support and maintenance to accumulations undrawn
and unexpended at time of her death. — See 9 L. N. S. 997.

Right of lessee of life tenant to possession and emblement
upon death of his lessor. — See 11 L. 688.

Right of life tenant in moneys and life estate. — See 57 A. D.
587.

Rights and remedies of tenants of. — See 14 A. S. 630.

Taxes, duty of life tenant to pay. — See 114 A. S. 448.

Tax sale of land. — See 32 L. 805.

Same — Effect on reversion of remainder.- — See 33 L. 688.

Title to increase of animals as between life tenant and
remainderman. — See 17 L. 21.

When created, and of the rule in Shelley's Case. — See 11 A. S.
99.

When right to use of income commences. — See 2 L. 113.



§ 767. FUTURE ESTATES, WHAT. A future estate may
be limited by the act of the party to commence in possession
at a future day, either without the intervention of a precedent
estate, or on the termination, by lapse of time or otherwise,
of a precedent estate created at the same time.

HLstory: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 7 pars, annotation.

49 C. 369, 374 (referred to as authorizing creation of freehold
to commence in futuro — deed granting land in fee with reserva-
tion that grantor is first to have use, enjoyment, and possession
of the property during his natural life is void at common law) ;
98 C. 446, 451, 35 A. S. 186, 33 P. 338, 340 (applied); 136 C. 138,
141, 89 A. S. 120, 68 P. 587 (cited); 146 C. 444, 447, 80 P. 705
(applied- — free hold to commence in futuro may be created); 149
C. 667, 674, 87 P. 276 (this section removes any objection to

515



§§ 768-771 CIVIL CODE. [Div.II.Pt.II.

wliich deeds creating- estates to commence in future may have
been subject at common law).

Defeat of future interest by act of owner, forfeiture, sur-
render, merger, not permitted. — See Kerr's Cyc. C. C. § 741 and
note.

§ 768. REVERSIONS. A reversion is the residue of au
estate left by operation of law in the grantor or his succes-
sors, Off in the successors of a testator, commencing in pos-
session on the determination of a particular estate granted
or devised.

IIlNtory: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 2 pars, annotation.
134 C. 320, 322, 66 P. 370 (referred to).

§ 769. RE]!ffAINDERS. When a future estate, other than a
reversion, is dependent on a precedent estate, it may be
called a remainder, and may be created and transferred by
that name.

IIi.Htory: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 3 pars, annotation.
120 C. 79, 84, 52 P. 132 (applied with other sections).
Defeat of future Interest — How effected. — See Kerr's Cyc. C. C.
§§ 739-741 and notes.

§ 770. SUSPENDED OWNERSHIP. The absolute owner-
ship of a term of years cannot be suspended for a longer
period than the absolute power of alienation can be sus-
pended in respect to a fee.

History: Enacted March 21, 1!S72; amended March 30, 1874,
Code Amdts. 1873-4, p. 218.

As to restraint on alienation. — See Kerr's Cyc. C. C. § 715 and
note.

§771. SUSPENSION BY TRUST. The suspension of all
power to alienate the subject of a trust, other than a power
to exchange it for other property to be held upon the same
trust, or to sell it and reinvest the proceeds to be held upon
the same trust, is a suspension of the power of alienation,
within the meaning of section seven hundred and fifteen.

History: Enacted March 21. 1872.
516



Tit.II,ch.I.] REMAINDERS. §§ 772, 773

See Kerr's Cyc. C. C. for 7 pars, annotation,

58 C. 457, 481 (construed); 108 C. 627, 647, 648, 656, 49 A. S. 97,
41 P. 772 (construed and applied); 121. C. 379, 382, 53 P. 813
(cited); 124 C. 533, 537, 57 P. 533 (referred to); 86 F. 975,
976 (referred to).

Distinction between trusts in personal and real property. —
See Kerr's Cyc. C. C. §§ 852, 857, 2220, 2222 and notes.

§ 772. CONTINGENT REMAINDER IN FEE. A contingent
remainder in fee may be created on a prior remainder in fee,
to take effect in the event that the persons to whom the first
remainder is limited die under the age of twenty-one years,
or upon any other contingency by which the estate of such
persons may be determined before they attain majority.

History: Enacted March 21, 1872.

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

58 C. 457, 474, 476, 480 (construed and applied); 79 C. 613, 622,
22 P. 50, 52 (referred to in applying § 715); 119 C. 139, 146, 51 P.
38 (construed); 124 C. 533, 537, 57 P. 564 (cited); 128 C. 1, 9, 60
P. 471 (cited); 149 C. 200, 204, 85 P. 147 (referred to in applying
§715).

After-born children born during testator's life. — See Kerr's
Cyc. C. C. § 29 and note, § 1337 and note.

§773. REMAINDERS, FUTURE AND CONTINGENT

ESTATES, HOW CREATED. Subject to the rules of this
title, and of part one of this division, a freehold estate, as
well as a chattel real, may be created to commence at a
future day; an estate for life may be created in a term of
years, and a remainder limited thereon; a remainder of a
freehold or chattel real, either contingent or vested, may be
created, expectant on the determination of a term of years;
and a fee may be limited on a fee, upon a contingency, which,
if it should occur, must happen within the period prescribed
in this title.

History: Enacted March 21, 1872.

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

120 C. 79, 84, 52 P. 132 (applied); 128 C. 1, 9, 60 P. 471 (referred
to); 136 C. 138, 141, 89 A. S. 120, 68 P. 587, 588 (construed and
applied).

517



§§ 774-776 CIVIL CODE. [Div.II.Pt.II.

Future estate dependent upon precedent estate. — See Kerr's
Cyc. C. C. § 695 and note.

Remainder limited on contingency. — See Kerr's Cyc. C. C. § 778
and note.



§774. LIMITATIOIS OF SUCCESSIVE ESTATES FOB
LIFE. Successive estates for life cannot be limited, except
to persons in being at the creation thereof, and all life estates
subsequent to those of persons in being are void; and upon
the death of those persons, the remainder, if valid in its crea-
tion, takes effect in the same manner as if no other life
estate had been created.

HiHtoryi Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1S73-4, p. 219.

128 C. 1, 9, 60 P. 471 (referred to); 149 C. 200, 205, 85 P. 147
(inapplicable to what trust created by will).

S 77.'). KE.>rAIM)ER I P0> ESTATES FOR LIFE OF
THIRD PERSON. No remainder can be created upon succes-
sive estates for life, provided for in the preceding section,
unless such remainder is in fee; nor can a remainder be cre-
ated upon such estate in a term for years, unless it is for
the whole residue of such term.

History: Enacted March 21, 1872; amended March 30, 1874,
(V,de Anidts. 1873-4, p. 219.

128 C. 1, 9, 60 P. 471 (referred to).

§77fi. CONTINGENT REMAINDER ON A TERM OF
YEARS. A contingent remainder cannot be created on a
term of years, unless the nature of the contingency on which
it is limited is such that the remainder must vest in interest
during the continuance or at the termination of lives in being
at the creation of such remainder.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 2 pars, annotation.
128 C. 1, 9, 60 P. 471 (referred to); 136 C. 138, 141, 89 A. S.
120, 68 P. 587 (cited and construed).

518



Tit.II.ch.I.] REMAINDER, CONSTRUCTION. §§777-780

§ 777. EEMAINDER OF ESTATES FOR LIFE. No estate
for life can be limited as a remainder on a term of years,
except to a person in being at the creation of such estate.
History: Enacted March 21, 1872.

128 C. 1, 9, 60 P. 471 (referred to).

§ 778. RE]ffAI^DER UPOJf A CONTIXGEXCT. A remainder
may be limited on a contingency which, in case it should
happen, will operate to abridge or determine the precedent
estate; and every such remainder is to be deemed a condi-
tional limitation.

Hifstory: Enacted March 21, 1872.

120 C. 79, 84, 52 P. 132 (referred to); 128 C. 1, 9, 60 P. 471
(referred to).

§ 779. HEIRS OF A TENANT FOR LIFE, WHEN TO TAKE
AS PURCHASERS. When a remainder is limited to the heirs,
or heirs of the body, of a person to whom a life estate in the
same property is given, the persons who, on the termination
of the life estate, are the successors or heirs of the body



Online LibraryCaliforniaThe 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 text (page 44 of 156)