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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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10, 1850, Stats. 1850, p. 177; amended by Code Commission, Act
March 16, 1901, Stats, and Amdts. 1900-1, p. 402, held unconsti-

692



Tit.VI.ch.I.] HOLOGRAPHIC WILLS. .^_j281

tutional. see history. § 4 ante: amendment re-enacted Mart. ^^
1905. Stats, and Amdts. 190.5, p. 605. ^

See Kerr's Cyc. C. C. for 145 pars, annotation.
54 C. 509. 517. 518, 35 A. R. 83 (construed and ''^PP''^**> -/^J;-
519 520, 521. 9 P. 554 (construed and applied); 96 C. o98, 600,
601 31 P 553. 22 L. 370 (construed and applied; 107 C. 1, 6. 40 P.
15 *28 L. 414 (construed and applied): 110 C. 387, 390, 391. 393. 52
A.'s. 104. 42 P. 815, 30 L. 460 (construed and applied); ^C. Nov. 4.
1897) 50 P. 927 (construed and applied); 142 C. 373. 375. 7.1 P.
1086 "(construed and applied); 145 C. 407, 409. 78 P. 964 (con-
strued and applied with § 1277 and §1309 of C. C P): (C- ;Vprn
3 1905) 80 P 700. 702. 704 (construed and applied). M> ricK s
Prob Rep. 210. 211 (construed and applied); Myrick's Prob. Rep.
140 (construed and applied with |1277): 146 C. 455^460 461
(source of section— constructive). 465 (application by Beatty. C.
J., in con. op.), 80 P. 700. 106 A. S. 53, 2 A. C.j26.

As to attestation by mark, see 22 L. 370-373.

As to acknowledgment by testator, and attestation of wit-
nesses, see 5 L. ed. N. Y. Ch. Rep. 855. ,.,,„,

As to execution, publication, and attestation of will, and
sufficiency thereof, see 37 A. D. 260; 40 A D. 231; 45 A. d. 442:
52 A D. 105; 76 A. D. 677; 80 A. D. 242; 1 L. 161. 491; 8 L. 822.

As to execution, revocation, and classes of wills, see note
§1270. ante; 2 Church's New Probate Law and Practice, l.ol4.

1535-1553. ,., o<- * r. -jk:

As to how far an unexecuted will is valid, see 36 A. D. i\h-

322.

As to law concerning signing of wills, see 42 A. D. 571.

As to mere want of recollection of witness to signing and
attestation, see 37 A. D. 260; 45 A. D. 443. , ^, ,. nu

As to proof of due execution of will, see 5 L. ed. N. \. cn.

As to' publication of will and the necessity and sufficiency
thereof, see 37 A. D. 260. .

As to requisites of statutes to be complied with in exec nil. .n
and proof of wills, see 5 L. ed. N. Y. Ch. Rep^. 85r,.

As to signature by mark, see 22 L. 370-373.

As to signature of witnesses before testator, see 14 '" ""'•

As to what is a signature or subscription, see Kerr s Cyc. c.
C. §14 note pars. 67-77.

As to what is sufficient attestation to a will, see 9- A. P. 6.»,

30 A. S. 882. ,

As to what is sufficient execution of will, see 30 A. b. hS-

§1277. DEFIMTION OF AX [HIOLOORAIMIK >VIM..

An [h]olograi)hic will is one that is entirely written, dated,
and signed bv the hand of the testator himself. It is subject

693



§ 1276 CIVIL CODE. [Div.II,Pt.IV.



■^^ ^ -m, and may be made in or out of this state,

Re' CO -3

^ -^ 3 witnessed.

'story: Enacted March 21, 1872.

\C. C. for 58 pars, annotation.

,u i.construed and applied); 61 C. 468, 475, 44 A. R.

.construed and applied); 64 C. 427, 1 P. 701 (construed and

applied) ;-"70 C. 140 (referred to but erroneously cited as § 1273),

143 (applied), 11 P. 587, 588 (erroneously cited as §1273); 100

C. 202, 207, 208, 38 A. S. 279, 34 P. 614 (construed and applied);
112 C. 513, 518, 519, 44 P. 1028 (construed and applied); 135 C.
28, 29, 87 A. S. 96, 66 P. 961 (construed and applied); 145 C.
82, 83, 78 P. 340 (construed and applied); 145-407, 409, 78 P.
964 (construed and applied with other sections); 151 C. 77, 79, 90
P. 192 (what is invalid as a holographic will and, standing
alone, not entitled to probate); Myr. Prob. Rep. 140 (construed
and applied with § 1276).

As to execution, revocation, and classes of wills, see note
§ 1270, ante; 2 Church's New Probate Law and Practice, 1514,
1535-1553.

As to meaning of term holographic, see 52 A. D. 591.

As to necessity of attestation of holographic will, see 52
A. D. 593.

As to necessity of mentioning place of execution, see 52 A.

D. 592.

As to necessity of mentioning place where holographic will
may be deposited or found, see 52 A. D. 593.

As to what constitutes signing of holographic will, see 52 A.
D. 592.

For definition of date as used in holographic will, see 52
A. D. 592.

§ 1278. WITNESS TO ADD RESIDENCE. A witness to a
written will must write, with his name, his place of resi-
dence ; 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 valid-
ity of the will.

Hi.story: Enacted March 21, 1872.

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

54 C. 509, 518, 35 A. R. 83 (referred to).

As to execution, revocation, and classes of wills, see note
§ 1270, ante; 2 Church's New Probate Law and Practice, 1514,
1535-1553.

694



Tit.VI.ch.I.] MUTUAL, CONDITIONAL. §§ 1279-1281

§ 1279. MUTUAL AVILL. A conjoint or mutual will is
valid, but it may be revoked by any of the testators, in like
manner with any other will.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 15 pars, annotation.

As to execution, revocation, and classes of wills, see note
§ 1270, ante; 2 Church's New Probate Law and Practice, 1514,
1535-1553.

As to validity of joint wills, see 68 A. D. 407, 410; 73 A. D.
754; 82 A. D. 485.

Upon the subject of joint wills, see 68 A. D. 407-410.

§1280. COMPETENCY OF SUBSCRIBIXG WITNESS.

If the subscribing witnesses to a will are competent at the
time of attesting its execution, their subsequent incompe-
tency, from whatever cause it may arise, does not prevent
the probate and allowance of the will, if it is otherwise satis-
factorily proved.

History: Enacted March 21, 1872, founded upon § 4 Act April
10, 1850, Stats. 1850, P- 177.

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

As to competency of witnesses, see 30 A. S. 882; 51 A. S. 134;
77 A. S. 459.

As to effect of pardon of a witness, see 47 A. S. 915.

As to execution, revocation, and classes of wills, see note
§ 1270, ante; 2 Church's New Probate Law and Practice, 1514,
1535-1553.

As to meaning of words "credible" and "competent" when
used with reference to witnesses, see 20 A. D. 488.

§1281. CONDITIONAL WILL. 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 con-
dition.

History: Enacted March 21, 1872.

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

As to conditional wills, see 59 A. R. 46, 48; 2 A. S. 617.

As to conditions precedent, subsequent, conditional devises,
operation, effect, and enforcement of, see 1 L. 837; 9 L. 165.

As to distinction between words of limitation and condition in
wills, see 9 L. 165.

695



§§ 1282, 1283 CIVIL CODE. [Div.II.Pt.lV.

As to execution, revocation, and classes of wills, see note
§ 1270, ante; 2 Church's New Probate Law and Practice, 1514,
1535-1553.

As to interpretation and effect of conditional wills, see Kerr's
Cyc. C. C. §§ 1345-1349 and notes.

§ 1282. GIFTS TO SUBSCRIBING WITNESSES VOID.
CREDITOR COMPETENT WITNESS. 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 siihscribiug- 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.

Hi.story! Enacted March 21, 1872, founded upon § 5 Act April
10, 1850, Stats. 1850, p. 177.

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

120 C. 311, 315, 49 P. 563, 52 P. 586 (referred to); 140 C. 282,
289, 73 P. 976, 978 ("devise" denotes a testamentary disposition
of land — "legacy" a like disposition of personalty).

As to execution, revocation, and classes of wills, see note
§ 1270, ante; 2 Church's New Probate Law and Practice, 1514,
1535-1553.

§ 1283. W ITNESS WHO IS A DEVISEE, ENTITLED TO
SHARE TO AMOUNT OF DEVISE, WHEN. If a witness, to
whom any beneficial devise, legacy, or gift, void by the pre-
ceding 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.

History: Enacted March 21, 1872, founded upon § 6 Act April
10, 1850, Stats. 1850, p. 177; amended March 30, 1874, Code Amdts.
1873-4, p. 232.

140 C. 282, 289, 73 P. 976, 978 ("devise" denotes a testamentary
disposition of land — "legacy" a like disposition of personalty).

696



Tit.VI,ch.I.] WILL OUT OF STATE. §§ 1284, 1285

As to execution, revocation, and classes of wills, see note
§ 1270, ante; 2 Church's New Probate Law and Practice, 1514,
1535-1553.

§ 1284. WILL MADE OUT OF THIS STATE (repealed).

History: Enacted March 21, 1S72, founded upon § 23 Act
April 10, 1850, Stats. 1850, p. 179; repealed March 30, 1874, Code
Amdts. 1873-4, p. 232.

§1285. WILL MADE OUT OF STATE NOT VALID, IX-

LESS. No will made out of this state is valid as a will in
this state, unless executed according to the provisions of
this chapter, except that a will made in a state or countrj^ in
which the testator is domiciled at the time of his death, and
valid as a will under the laws of said state or country,
is valid in this state so far as the same relates to personal
property, subject, however, to the provisions of section thir-
teen hundred and thirteen.

History: Enacted March 21, 1872, amended March 30, 1874,
Code Amdts. 1873-4, p. 232; amended by Code Commission, Act
March 16, 1901, Stats, and Amdts. 1900-1, p. 402, held unconsti-
tutional, see history, § 4 ante; amendment re-enacted March 21,
1905, Stats, and Amdts. 1905, p. 606.

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

As to conflict of laws and probate of will made prior to
passing of probate act, see 65 A. D. 547.

As to conflict of laws, and testator's domicile controlling as
to personal estate, see 2 A. D. 454.

As to effect of probate in another state, see 48 L. 130-153.

As to execution, revocation, and classes of wills, see note
§ 1270, ante; 2 Chvirch's New Probate Law and Practice, 1514,
1535-1553.

As to interstate comity and conflict of laws, see 3 Prob. Rep.
Ann. 267-271.

As to legislative intent governing in construction of statutes,
see 74 A. D. 534.

As to statutes regarding prol)ate of copy of will in other
states, see 73 A. D. 56-62.

As to trust in personal property, see 8 Paige Ch. (N. Y. ) 4
L. ed. 434-436.

As to what laws govern execution of will, see 43 A. D. 519;
51 A. D. 574.

As to what law governs in cases of foreign wills of real and
personal estate, see 5 Prob. Rep. Ann. 206-208.

697



§§ 1286-1288 CIVIL CODE. [Div.II.Pt.IV.

§ 1286. SUBSEQUENT CHANGE OF DOMICILE (repealed).

History: Enacted March 21, 1872; repealed March 30, 1874,
Code Amdts. 1873-4, p. 232.

§ 1287. REPUBLICATION BY CODICIL. The execution of
a codicil,, referring to a previous will, has the effect to
republish the will, as modified by the codicil.
Hi-story: Enacted March 21, 1872.

See Kerr's. Cyc. C. C. for 25 pars, annotation.

94 C. 670, 673, 30 P. 99, 100 (construed and applied with other
sections); 138 C. 432, 434, 435, 436, 438, 71 P. 512 (construed and
applied); 151 C. 77, 79, 90 P. 192 (adoption in will or codicil
of existing- paper by reference); 152 C. 753, 759, 93 P. 1012,
1013 (will not to be disturbed by codicil further than to give
it effect).

As to construction and effect of a codicil, see 55 A. D. 126-129.

As to effect of destruction of codicil upon a will, see 55 A. D.
126-129.

As to effect of unattested codicil, see 55 A. D. 126-129.

As to execution, revocation, and classes of wills, see note
§ 1270, ante; 2 Church's New Probate Law and Practice, 1514,
1535-1553.

As to revival and republication of will, see 7 L. 485-488.

As to revocation of will by subsequent will and revival of
former by destruction of the latter, 37 L. 561-579.

Holographic will. — As to effect of codicil to holographic will,
see Kerr's Cyc. C. C. § 1277 and note.



§ 1288. NUNCUPATIVE WILL, HOW TO BE EXECUTED.

A nuncupative will is not required to be in writing, nor to
be declared or attested with any formalities.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 19 pars, annotation.

As to execution, revocation, and classes of wills, see note
§ 1270, ante; 2 Church's New Probate Law and Practice, 1514,
1535-1553.

As to nuncupative wills, see 8 L. 39-41; 9 L. 829.

As to probate of nuncupative will, see Kerr's Cyc. C. C. P.
§ 1344 and note.

As to what is necessary to make a valid nuncupative will, see
74 A. D. 431.

698



Tit.VI.ch.L] NUNCUPATIVE WILL. §§ 1289, 1290

§ 1289. KEQUISITES OF A VALID >U>CUPATIVE WILL.

To make a nuncupative will valid, and to entitle it to be
admitted to probate, the following requisites must be
observed:

1. The estate bequeathed must not exceed in \alne the
sum of one thousand dollars.

2. It must be proied by two witnesses who were present
at the making thereof, one of whom was asked by the testa-
tor, at the time, to bear witness that such was his will, or
tu that effect.

3. The decedent must, at the time, have been in actual mili-
tary service in the field, or doing duty on shipboard at sea,
and in either case in actual contemplation, fear, or peril of
death, or the decedent must have been, at the time, in expect-
ation of immediate death from an injury received the same
day.

History: Enacted March 21, 1872, founded upon § 7 Act April
10, 1850, Stats. 1850, p. 177; amended March 30,. 1874, Code Amdts.
1873-4, p. 233.

See Kerr's Cyc. C. C. for 49 pars, annotation.

As to execution, revocation, and classes of wills, see note
§ 1270, ante; 2 Church's New Probate Law and Practice, 1514,
1535-1553.

As to necessity of witnesses to nuncupative wills, see 81 A.
D. 230.

As to nuncupative wills, see 18 A. D. 512; 20 A. D. 44-48; G7
A. S. 572-579; 30 Encyc. L. 560-571.

§ 1290. VnOOY OF >L>tUPATIVE WILLS. [WHE\ TO
HE OFFEllED.] No proof must be received of any nuncu-
pative will, unless it is offered within six months after speak-
ing the testamentarj^ words, nor unless the words, or the
substance thereof, were reduced to writing within thirty days
after they were spoken.

History: Enacted March 21, 1872, founded upon § 8 Act April
10, 1850, Stats. 1850, p. 178.

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

See Kerr's Cyc. C. C. P. §§ 1344-1346 and notes; also Kerr's
Cyc. C. C. P. §§ 1288, 1289 and notes.

699



§§ 1291, 1292 CIVIL CODE. [Div.II,Pt.IV.

As to execution, revocation, and classes of wills, see note
§ 1270, ante; 2 Church's New Probate Law and Practice, 1514,
1535-1553.

§ 1291. PEOBATE OF MINCUPATIYE WILLS. No probate
of any nuncupative will must be granted for fourteen days
after the death of the testator, nor must any nuncupative
will be at any time proved, unless the testamentary words,
or the substance thereof, be first committed to writing, and
process issued to call in the widow, or other persons inter-
ested, to contest the probate of such will, if they think
proper.

Htstory: Enacted March 21, 1872, founded upon § 9 Act April
10, 1S50, Stats. 1850, p. 178.

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

See Kerr's Cyc. C. C. §§ 1288, 1289, 1291 and notes.

As to execution, revocation, and classes of wills, see note
§ 1270, ante; 2 Church's New Probate Law and Practice, 1514,
1535-1553.

Probate of nuncupative wills. — See Kerr's Cyc. C. C. P. §§ 1344-
1346.

§ 1292. WRITTEX WILL, HOW REVOKED. Except in
the cases in this chapter mentioned, no written will, nor any
part thereof, can be revoked or altered otherwise than;

1. By a written will, or other writing of the test.ator, declar-
ing such revocation or alteration, and executed with the same
formalities with which a will should be executed by such
testator ; or,

2. By being burnt, torn, canceled, obliterated, or destroyed,
with the intent and for purpose of revoking the same,
by the testator himself, or by some person in his presence
and by his direction.

Hi!st<,»ry: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 37 pars, annotation.

50 C. 595, 601 (construed and applied with § 1970 Code Civ.
Proc); (C. Dec. 7, 1892), 31 P. 563 (construed and applied); 101
C. 609, 614, 38 P. 118 (construed and applied); 107 C. 1, 5, 6,
8, 40 P. 15, 16, 28 L. 414 (construed and applied with other
sections); 108 C. 688, 690, 41 P. 771 (construed); 122 C. 224, 229,

700



Tit.VT.ch.I.] REVOCATION. §§ 1293-1295

233, 54 P. 745 (applied); 138 C. 432, 436, 71 P. 512 (construed
with other sections); 148 C. 642, 644, 84 P. 212 (cited).

As to admissihility of parol evidence to prove non-revocation
of will by mistake, see 48 A. S. 198-202.

As to declarations as evidence of will, see 45 A. R. .'?27-34 1;
28 A. S. 361.

As to effect of cancelation by mistake, see 48 A. S. 198-202.

As to execution, revocation, and classes of wills, see note
§ 1270, ante; 2 Church's New Probate Law and Practice, 1514,
1535-1553.

As to implied revocation of will, see 15 A. D. 659-661.

As to revocation by mistake, see 48 A. S. 198-202.

As to revocation by obliteration, see 45 A. R. 327-342.

As to revocation by third party, see Kerr's Cyc. C. C. § 1293
and note.

As to revocation of will, and what acts amount to, see 12
A. D. 377-380; 45 A. R. 327-338; 22 A. S. 344. 362.

As to revocation upcjn erroneous assumption of fact, see 48
A. S. 198-202.



§ 1293. EVITtEXCE OF HEV(M ATI(»\. When a will is
canceled or destroyed by any other person than the testator,
the direction of the testator, and the fact of such injury or
destruction, must be proved by two witnesses.

HiMtory: Enacted March 21, 1872, foundt-d upon § 10 Act
April 10, 1850, Stats. 1850, p. 178.

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

As to execution, revocation, and classes of wills, see note
S1270, ante; 2 Church's New Probate Law and Practice, 1514.
1535-1553.

As to revocation of will liy third party, si-e 30 Encyc. L. 630.

S l'ii»4. HEVOCATION l\\ OllLITEK.VTI(»\ 0\ V Ml. Ol
WILL (repealed).

IliNlory; Enact.-d Mnrcli 21, 1S72, n-pealed March 30. 1S74.
Code Anult.'i. 1S73-4. p. 233.

§ 1295. «EV(K AT1()\ OF DITLU'ATE. The revocation
of a will, executed in duplicate, may be made by revokinir
one of the duplicates.

History: Enacted March 21. 1S72.
701



§§ 1296-1298 CIVIL CODE. [Div.II,Pt.IV.

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

As to execution, revocation, and classes of wills, see note
§ 1270, ante; 2 Churcli's New Probate Law and Practice, 1514,
1535-1553.

§ 1296. KEVOCATION BY SUBSEQUENT WILL. A prior
will is not revoked by a subsequent will, unless the latter con-
tains an express revocation, or provisions wholly inconsistent
with the terms of the former will; but in other cases the
prior will remains effectual so far as consistent with the
provisions of the subsequent will.

History: Enacted March 21, 1872.

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

104 C. 554, 568, 38 P. 543 (construed and applied with other
sections).

As to execution, revocation, and classes of wills, see note
§ 1270, ante; 2 Church's New Probate Law and Practice, 1514,
1535-1553.

§ 1297. AiVTECEDEM NOT REVIVED BY REVOCATION

OF SUBSEQUENT WILL. If, after making a will, the testa-
tor duly makes and executes a second will, the destruction,
cancelation, or revocation of such second will does not revive
the first will, unless it appears by the terms of such revoca-
tion that it was the intention to revive and give effect to
the first will, or unless, after such destruction, cancelation,
or revocation, the first will is duly republished.

Hi.story: Enacted March 21, 1872, founded upon § 11 Act April

10, 1850, Stats. 1850, p. 178.

See Kerr's Cyc. C. C. for 21 pars, annotation.

108 C. 688, 690, 41 P. 771 (construed and applied).

As to execution, revocation, and classes of wills, see note
§ 1270, ante; 2 Church's New Probate Law and Practice, 1514,
1535-1553.

As to revival of one will by revocation of another, see 76 A.
D. 652-656.

As to revocation of will by subsequent will, and revival of
former by destruction of latter, see 37 L. 561-579.

§1298. REVOCATION BY MARRIACJE AND BIRTH OF

ISSUE. If, after having made a will, the testator marries,

702



Tit.VI,Ch.I.] MARRIAGE AFTER WILL. § 1299

and has issue of such marriage, born either in his lifetime
or after his death, and the wife or issue survives him, the
will is revoked, unless [1] provision has been made for such
issue by some settlement, or [2] unless such issue are pro-
vided for in the will, or [3] in such way mentioned therein
as to show an intention not to make such provision; and no
other evidence to rebut the presumption of such revocation
can be received.

History: Enacted Marcli 21, 1872.

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

65 C. 50, 52, 2 P. 741 (construed and applied); 107 C. 1, 7, 40
P. 15, 16, 28 L. 414 (construed and applied).

As to execution, revocation, and classes of wills, see note
§ 1270, ante; 2 Church's New Probate Law and Practice, 1514,
1535-1553.

As to revocation of will by marriage and birth of issue, see
15 A. D. 659-661, 28 A. D. 516. 518, 2 Prob. Rep. Ann. 288: 5 L.
346, 7 L. 485, 10 L. 57; see also Kerr's Cyc. C. C. § 1299 and note.



§1299. EFFECT OF MAKKIAGE OF A 3IAX ON HIS
WILL. If, after making a will, the testator marries, and the
wife survives the testator, the will is revoked, unless [1]
provision has been made for her by marriage contract, or
[2] unless she is provided for in the will, or [3] in such way
mentioned therein as to show an intention not to make such
provision; and no other evidence to rebut the presumption
of revocation must be received.

HlHtory: Enacted March 21, 1S72, foundotl upon j 1- A<t
April 10, 1850, Stats. 1850, p. 178.

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

65 C. 50, 52, 2 P. 741, 742 (construed and applied): 87 C. 64.1.
647, 648, 25 P. 922, 923 (construed and applied): 107 C. 1, 7, 40
P. 15, 28 L. 414 (construed and applied).

As to effect of marriage upon prior will, see SO A. D. 516, 49
A. R. 329, 5 L. 346, and 7 K 485: also Ki-rr's Cyc. C. C. § 1298
and note.

As to execution, revocation, and classes of wills, soe note
§1270, ante: 2 Church's New Probate Law and Practice. UMl
1535-1553.

703



§§ 1300-1302 CIVIL CODE. [Div.II.Pt.IV.

§ 1300. EFFECT OF A MARRIAGE OF A WOMAN OIV
HER WILL. A will, executed by a woman, is revoked by her
subsequent marriage, and is not revived by the death of her
husband.

History: Enacted March 21, 1872, founded upon § 13 Act
April 10, 1850, Stats. 1850, p. 178; amended by Code Commission,
Act March- 16, 1901, Stats, and Amdts. 1900-1, p. 402, lield uncon-
stitutional, see liistory, § 4 ante; amendment re-enacted Marcli
21, 1905, Stats, and Amdts. 1905, p. 606.

See Kerr's Cyc. C. C. for 21 pars, annotation.

107 C. 1, 5, 7, 40 P. 15, 28 L. 414 (construed and applied).

As to execution, revocation, and classes of wills, see note
§ 1270, ante; 2 Church's New Probate Law and Practice, 1514,
1535-1553.

As to implied revocation of will from marriage of a woinan,
see 28 A. S. 344-358.

As to meaning of words "uninarried" and "without having
been married," see 15 L. 292-293.

§ 130L CONTRACT OF SALE NOT A REVOCATION. An

agreement made by a testator, for the sale or transfer of
property disposed of by a will previously made, does not
revoke such disposal; but the property passes by the will,
subject to the same remedies on the testator's agreement, for
a specific performance or otherwise against the devisees or
legatees, as might be had against the testator's successors, if
the same had passed by succession.

History: Enacted Marcli 21, 1872, founded upon § 14 Act
April 10, 1850, Stats. 1850, p. 178.

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

As to execution, revocation, and classes of wills, see note
§ 1270, ante; 2 Church's New Probate Law and Practice, 1514,
1535-1553.

Agreement entered into by testator to sell land not revocation
of will previously made at law, although equity might con-
sider it as an absolute disposition. — See 1 N. J. L. 212; 2 Atk.
593; 11 Mod. 148; 2 Pr. Wms. 328; 2 Pr. Wms. 623; 1 Ves. Sr. 177;
2 Vern. 241.

§1302. MORTGAGE NOT A REVOCATION OF WILL.



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