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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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439, 440, 6 P. 7 (referred to); 140 C. 282, 289, 73 P. 976, 978
("devise" denotes a testamentary disposition of land — "legacy"
a like disposition of personalty); 142 C. 453, 456 (citing this

738



Tit.VI.ch.III.] ORDER OF RESORT. §§ 13G1, 1362

section erroneously instead of §1359), 76 P. 41 (citing §1359;
149 C. 552, 554, 86 P. 1107 (unconditional legacy, payable gener-
ally, must be paid how); 150 C. 498, 504, 505, 89 P. 98 (liability
of property of decedents for payment of debts); 1 C. A. 524,
525, 527, 528, 82 P. 549 (construed with §1359 — order of resort
to property for payment of expenses of administration, debts,
or legacies).

As to charging devisee witli compound interest, see Kerr's
Cyc. C. C. § 1369 and note par. 5.

As to property passing by will, and vesting of interests, see
note § 1357, ante; 2 Church's New Probate Law and Practice,
1580, 1588-1610.

As to residuary legacies, see Kerr's Cyc. C. C. § 1357 and note
pars. 24, 25.

Abatement between legacies and devises. — See Kerr's Cj'C.
C. C. § 1362 and note.

"Residuary clause" defined. — See Kerr's Cyc. C. C. § 1359 and
note par. 14.

Sale of assets for payment of legacies. — See Kerr's Cyc. C. C.
§ 1377 and note par. 10.

§ 1361. SAME. [LEGACIES TO KINDRED.] Legacies to
husband, widow, or kindred of any class are cliargeable only
after legacies to persons not related to the testator.

HLstory: Enacted March 21, 1872.

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

66 C. 432, 438, 439, 441, 6 P. 7 (construed).

As to property passing by will, and vesting of interests, see
note § 1357, ante; 2 Church's New Probate Law and Practice,
1580, 1588-1610.

§ 1362. ABATEMENT. Abatement takes place in any class
only as between legacies of that class, unless a different
intention is expressed in the will.

History : Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 12 pars, annotation.

66 C. 330, 331, 5 P. 507, 508 (construed and appliid); 66 C.
432, 437, 438, 439, 440, 6 P. 7, 11, 12, 13 (referred to); 150 C. 49S.
504, 89 P. 98 (construed with §§ 1357 and 1359 — specific devises
and specific legacies are free from any contribution to payment
of general legacies).

As to property passing by will, and vesting of interests, see
note § 1357, ante; 2 Church's New Probate Law and Practice,
1580, 1588-1610.

739



§§ 1363, 1364 CIVIL CODE. [Div.II,Pt.IV.

Abatement of legacies in case of deficiency of assets of estate.
— See note § 1357, ante; 8 A. S. 720-725.

After-born child — Contribution for share of. — See Kerr's Cyc.
C. C. § 1308 and note.

§ 1363. SPECIFIC DEVISES AND LEGACIES. In a spe-
cific devise,, pr legacy, the title passes by the will, but posses-
sion can only be obtained from the personal representative;
and he may be authorized by the superior court to sell the
property devised and bequeathed in the cases herein pro-
vided.

HLstory: Enacted March 21, 1872; amended April 6, 1S80.
Code Amdts. 1880 (C. C. pt.), p. 8.

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

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

As to procedure where testator indebted to partnership wills
interest in assets to surviving partner, see Kerr's Cyc. C. C.
§ 1360 and note par. 12.

As to property passing by will, and vesting of interests, see
note § 1357, ante; 2 Church's New Probate Law and Practice,
1580, 1588-1610.

Postponement to future period — Devise or legacy to class. —
See Kerr's Cyc. C. C. § 1337 and note.

Power given executor to sell without probate. — See Kerr's
Cyc. C. C. § 1373 and note par. 5.

Time when legacies and annuities become due.. — See Kerr's
Cyc. C. C. § 1368 and note.

§ 1364. HEIR'S CONVEYANCE GOOD, UNLESS WILL IS
PROVED WITHIN FOUR YEARS. The rights of a purchaser
or encumbrancer of real property, in good faith and for value,
derived from any person claiming the same by succession,
are not impaired by any devise made by the decedent from
whom succession is claimed, unless within four years after
the devisor's death, the instrument containing such devise is
duly proved as a will, and recorded in the office of the clerk
of the superior court having jurisdiction thereof, or written
notice of such devise is filed with the clerk of the county
where the real property is situated.

History: Enacted March 21, 1872; amended April 6, 1880,
Code Amdts. 1880 (C. C. pt.), p. 8; amended by Code Commission,

740



Tit.VI.ch.III.] POSSESSION OF LEGATEES. §§ 1365, 1366

Act March 16, 1901, Stats, and Amdts. 1900-1, p. 404, held uncon-
stitutional, see history, § 4 ante; amendment re-enacted March
21, 1905, Stats, and Amdts. 1905, pp. 606, 607.

See Kerr's Cyc. C. C. for 13 pars, annotation.

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

As to property passing by will, and vesting of interests, see
note § 1357. ante; 2 Church's New Probate Law and Practice.
1580, 1588-1610.

Mortgage executed by heirs — Foreclosure before sotth.-mcnt
of estate. — See Kerr's Cyc. C. C. § 1377.

§ 1365. POSSESSION OF LEGATEES. Where specific leg-
acies are for life only, the first legatee must sign and deliver
to the second legatee, or, if there is none, to the personal
representative, an Inventory of the property, expressing that
the same is in his custody for life only, and that, on his
decease, it is to be delivered and to remain to the use and
for the benefit of the second legatee, or to the personal rep-
resentative, as the case may be.

HiNtory: Enacted March 21, 1872.

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

1 P. 479, 480 (erroneously cited for § 1265); 108 C. 463, 470, 38
P. 628, 41 P. 485 (cited).

As to property passing by will, and vesting of interests, see
note § 1357, ante; 2 Cluirtli's New Probate Law and Practice,
1580, 1588-1610.

§ 13({«. BEQUEST OF INTEREST. In case of a bequest
of the interest or income of a certain sum or fund, the income
accrues from the testator's death.

HLstory: Enacted March 21. 1S72.

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

140 C. 282, 289, 73 P. 976, 978 ("devise" denotes a testamentary
disposition of land — "legacy" a like disposition of personalty*.
143 C. 450, 454, 77 P. 160 (construed and lield inapplicable).

As to property passing by will, and vesting of interests, see
note § 1357, ante; 2 Church's New Probate Law and Practice,
1580, 1588-1610.

Accumulation.s.— See Kerr's Cyc. C. C. §§ 722-726 and notes;
also note § 722, ante.

741



§§1367,1368 CIVIL CODE. [Div.II.Pt.IV.

Annuities commence at testator's decease. — See Kerr's Cyc.
C. C. § 1368 and note.

§ 1367. SATISFACTION. A legacy, or a gift in contempla-
tion, fear, or peril of death, may be satisfied before death.

Hi-story: . Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 235.

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

As to property passing by will, and vesting of interests, see
note § 1357, ante; 2 Church's New Probate Law and Practice,
1580, 1588-1610.

Contemplation, fear, or peril of death. — See Kerr's Cyc. C. C.
§ 1149 and note.

Nuncupative wills. — See Kerr's Cyc. C. C. § 1288 subd. 3 and
note.

Revocation of gift causa mortis. — See Kerr's Cyc. C. C. § 1151
and note; also note § 1270, ante.

§ 1368. LEGACIES, WHEN DUE. Legacies are due and
deliverable at the expiration of one year after the testator's
decease. Annuities commence at the testator's decease.

History: Enacted March 21, 1872.

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

50 C. 244, 246, 247 (referred to); 107 C. 303, 309, 40 P. 558
(cited); 112 C. 521, 524, 527, 53 A. S. 224, 44 P. 808 (cited); 119
C. 131, 135, 51 P. 44 (cited); 143 C. 450, 456, 77 P. 160 (construed
in department opinion not upheld in bank).

As to appointment by will, see Kerr's Cyc. C. C. § 1369 and
note par. 3.

As to property passing by will, and vesting of interests, see
note § 1357, ante; 2 Church's New Probate Law and Practice,
1580, 1588-1610.

As to time when legacy vests when direction is to pay in
future or upon condition, see Kerr's Cyc. C. C. § 1363 and note
pars. 36, 40-43.

Discretionary power given to executor as to time of payment.
— See Kerr's Cyc. C. C. § 1369 and note par. 11.

Inability of executor to pay at end of year. — See Kerr's Cyc.
C. C. § 1369 and note.

"Legacy for maintenance" — Interest from testator's decease
to date of distribution. — See Kerr's Cyc. C. C. § 1369 and note
par. 30.

Partial distribution before final settlement. — See Kerr's Cyc.
C. C. P. §§ 1658-1663 and notes.

742



Tit.VI.ch.III.] INTEREST— TENOR. §§ 1369-1371

Restitution upon reversal of decree of distribution. — See
Kerr's Cyc. C. C. § 1363 and note.

Trust fund — Income does not accrue from testator's death. —
See Kerr's Cyc. C. C. § 1366 and note.

§ 1369. INTEREST. Legacies bear interest from the time
when they are due and payable, except that legacies for main-
tenance, or to the testator's widow, bear interest from the
testator's decease.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 30 pars, annotation.

50 C. 244. 247 (construed); 107 C. 303, 308, 309 (construed but
erroneously cited as §1569), 40 P. 558, 560 (correct citation);
112 C. 521, 524, 527, 53 A. S. 224, 44 P. 808 (construed and ap-
plied); 137 C. 429, 431, 70 P. 303 (construed and applied); 143
C. 450, 454 (referred to), 456, 457 (construed in department in
opinion not upheld in bank), 77 P. 160.

As to appointment pursuant to power contained in prior will,
see Kerr's Cyc. C. C. § 1368 and note par. 5.

As to property passing by will, and vesting of interests, see
note § 1357, ante; 2 Church's New Probate Law and Practice,
1580, 1588-1610.

Annuity — Distinction between annuity and legacy for life. —
See Kerr's Cyc. C. C. §1368 and note" par. 3.

§1370. CONSTRUCTION OF THESE RULES. The four
preceding sections are in all cases to be controlled by a testa-
tor's express intention.

History: Enacted March 21, 1872.

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

112 C. 521, 524, 53 A. S. 224, 44 P. 808 (construed and applied).

As to property passing by will, and vesting of interests, see
note § 1357, ante; 2 Church's New Probate Law and Practice,
1580, 1588-1610.

Interest may be controlled by testator. — See Kerr's Cyc. C. C.
§1369 and note pars. 18-21.

Order in which legacies sliall be paid controllnblo by testator.
—See Kerr's Cyc. C. C. § 1360 and note pars. 10. 11.

Power given to executor to sell without probate. — See Kerr's
Cyc. C. C. § 1373, note par. 5.

§ 1371. EXECUTOR ACCORDING TO THE TENOR. Where
it appears, by the terms of a will, that it was the intention

743



§§ 1372-1374 CIVIL CODE. [Div.II.Pt.IV.

of the testator to commit the execution thereof and the
administration of his estate to any person as executor, such
person, although not named executor, is entitled to letters
testamentary in like manner as if he had been named exec-
utor.

HLstory: Enacted March 21, 1872.

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

101 C. 381, 386, 40 A. S. 61, 35 P. 900 (construed); 107 C. 587,
591, 40 P. 810 (referred to); 124 C. 45, 47, 56 P. 781 (applied).

As to property passing by will, and vesting of interests, see
note § 1357, ante; 2 Church's New Probate Law and Practice,
1580, 1588-1610.

§ 1372. POWER TO APPOINT IS INVALID. An authority
to an executor to appoint an executor is void.
History: Enacted March 21, 1872.

As to property passing by will, and vesting of interests, see
note § 1357, ante; 2 Church's New Probate Law and Practice,
1580, 1588-1610.

§ 1373. EXECUTOR NOT TO ACT TILL QUALIFIED. No

person has any power, as an executor, until he qualifies,
except that, before letters have been issued, he may pay
funeral charges and take necessary measures for the preser-
vation of the estate.

History: Enacted March 21, 1872.

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

As to property passing by will, and vesting of interests, see
note § 1357, ante; 2 Church's New Probate Law and Practice,
1580, 1588-1610.

§1374. PROVISIONS AS TO REVOCATIONS. The pro-
visions of this title in relation to the revocation of wills
apply to all wills made by any testator living at the expira-
tion of one year from the time it takes effect.

History: Enacted March 21, 1872.

As to property passing by will, and vesting of interests, see
note § 1357, ante; 2 Church's New Probate Law and Practice,
1580, 1588-1610.

744



Tit.VI.Ch.III.] VALIDITY. ETC., OF WILLS. §§ 1370-1377

§ 1375. EXECUTION AND CONSTRUCTION OF PIJIOH

WILLS NOT AFFECTED. The provisions of this title do not
impair the validity of the execution of any will made before
it takes ejfect, or affect the construction of any such will.

Hi-story: Enacted March '21, 1S72.

As to property passing by wiU, and vesting of interests, see
note § 13.57, ante; 2 Church's New Probate Law and Practice.
1580, 1588-1610.



§ 137(5. LAW GOVERNING VALIDITY AND INTERPRE-
TATIO>' OF WILLS. The validity and interpretation of wil.ls.
wherever made, are governed, when relating to property
within this state, by the law of this state, except as provided
in section twelve hundred and eighty-five.

HLstory: Enacted March 21, 1872; amended March" 30, 1S74.
Code Amdts. 1873-4, p. 235; amended by Code Commission, Act
March 16, 1901, Stats, and Amdts. 1900-1, p. 404, held unconstitu-
tional, see history, § 4 ante; amendment re-onactod Marcli 2L
1905, Stats, and Amdts. 1905, p. 607.

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

As to property passing- by wiU. and vesting of interests, see
note § 1357, ante; 2 Cliurcb's New Probate Law and Practice,
1580, 1588-1610.

Statute not retroactive. — See Kerr's Cyc. C. C. § 1375 and note.

§ 1377. LI VmLlTV OF RENEFK I.VRIES FOR TEST.V-
TOR'S OBLIGATIONS. Those to whom property is given by
will are liable for the obligations of the testator in the cases
and to the extent prescribed by the Code of Civil Procedure.

History: Enacted March 21. 1872.

See Kerr's Cyc. C. C. for 10 pars, annotation.

140 C. 282, 289, 73 P. 976 (in the whole title on wills "devise"
is used with reference to a testamentary disposition of land,
and "legacy" with reference to a like disposition of personalty).

As to property passiiig b.v will, and vesting of interests, see
note § 1357, ante; 2 Church's New Probate I^aw and Practice.
1580, 1588-1610.

Common-law rule. — See Kerr's Cyc. C. C. §1358 and note
par. 5.

745



§ 1383 CIVIL CODE. [Div.II,Pt.IV.

"Debts" — What constitute. — See Kerr's Cyc. C. C. § 1358- and
note pars. 6, 7.

Intestate's property liable for debts. — See Kerr's Cyc. C. C.
§ 1358 and note.

Maturity of debt after distribution to heirs. — See Kerr's Cyc.
C. C. § 1358 and note par. 10.

Order of resort to propertj^ for payment of debt. — See Kerr's
Cyc. C. C. § 1359 and note.



TITLE VII.
SUCCESSION,

§ 1383. Succession defined.

§ 1384. Intestate's estate, to whom passes.

§1385. Personal representatives [repealed].

§ 1386. Succession and distribution of property of deceased
person.

§ 1387. Illegitimate children to inherit in certain events.

§ 1388. Property of illegitimate child is succeeded to, when and
how.

§ 1389. Degrees of kindred, how computed.

§ 1390. Same. [Collateral line.]

§ 1391. Same. [Ascending and descending direct line.]

§ 1392. Same. [Degrees in direct line.]

s 1393. Same. [Degrees in collateral line.]

§ 1394. Relatives of the half-blood.

§ 1395. Advancements constitute part of distributive share.

§ 1396. Advancements, when too much, or not enough.

I 1397. What are advancements.

§ 1398. Value of advancements, how determined.

§ 1399. When heir, advanced to, dies before decedent.

§ 1400. Inheritance of husband and wife from each other.

§ 1401. Distribution of community property on death of wife.

§ 1402. Distribution of common property on death of the husband.

§ 1403. Inheritance by representation.

§ 1404. Aliens may inherit, when, and how.

§ 1405. Succession not claimed, attorney-general to cause to
be sold, and proceeds deposited with state treasurer.

§ 1406. When the property and estate escheat to the state.

§ 1407. Property escheated subject to charges as other prop-
erty.

§ 1408. Successor liable for decedent's obligations.

§ 1409. Persons convicted of murder of decedent, not to suc-
ceed.

746



Tit. VII.] SUCCESSION, GENERALLY. §1383

§ 1383. SUCCESSIOX DEFINED. Succession is the com-
ing in of another to take the property of one who dies without
disposing of it by will.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 12 pars, annotation.

52 C. 294, 298 (cited); 88 C. 582, 586, 22 A. S. 336, 26 P. 521.
522, 12 L. 46 (cited); 40 P. 35, 36 (cited): 112 C. 387, 394, 399, 44
P. 734 (construed and applied); 132 C. 609, 612, 64 P. 995 (cited);
136 C. 110, 112, 68 P. 499 (cited); 143 C. 194, 198, 76 P. 968 (cited).

SUCCESSION — GE1VERAI.L.Y.

Acknowledgment of illegitimate child, sufficiency of. — See
Kerr's Cyc. C. C. §1387, note par. 27; 1 Church's New Probffte
Law and Practice 55; 11 L. N. S. 1052.

Adopted children — As to inheritance by. — See "Inheritance by
adopted children," this note.

Same— Inheritance from. — See 17 L. 437.

Same — Right to inherit property from a relative of adoptive
parent. — See 8 L. N. S. 117.

Aliens — Effect of naturalization on right to inherit. — See 31 L.
181.

Same — Effect of state statutes and constitutions upon right
to inherit.— See 31 L. 85; 31 L. 146.

Same — Effect of treatise upon right to inherit. — See 32 L. 177.

Same — Inheritance by. — See Kerr's Cyc. C. C. §S 672, 1404 and
notes; 1 Church's New Probate Law and Practice 52; 12 A. S.
93; 31 L..177.

Same — Nonresident illegitimate, rights of inheritance of. —
See 1 Church's New Probate Law and Practice 57.

Children's right of inheritance — As to generally. — See 1
Church's New Probate Law and Practice 46.

Same— Heirs of half-blood.— See Kerr's Cyc. C. C. §§ 1386.
1394 and notes; 1 Church's New Probate Law and Practice 47;
61 A. D. 655; 29 L. 451.

Community property — Distribution of — On death of husband.
— See Kerr's Cyc. C. C. 8 1402 and note.

Same — Same — On death of wife. — See Kerr's Cyc. C. C. §1101
and note.

Construction of statutes. — See 1 Church's New Probate Law
and Practice 46.

Deflection of descent. — See 1 Church's New Probate Law and
Practice 40.

Degrees of consanguinity and afflnity. how computed. — See
Kerr's Cyc. C. C. §§ 1389-1393 and notes; 56 A. D. 293.

Descent — Deflection' of. — See 1 Church's New Probate Law
and Practice 40.

747



§ 1383 CIVIL CODE. [Div.II,Pt.IV.

Same — Of unpatented mining claim. — See 4 L. N. S. 919.

Descent and distribution among kindred of half-blood. — See
29 L. 541-567.

Descent and distribution, law governing-. — See 10 L. 766.

Descent of title to personal property. — See 112 A. S. 727.

Descent on death of unmarried minor. — See 1 Church's New
Probate Law and Practice 48.

Descent to father. — See Kerr's Cyc. C. C. § 1386, note par.
44; 1 Church's New Probate Law and Practice 50.

Descent to grandparents. — See 1 Church's New Probate Law
and Practice 50.

Distribution of community property on — Death of husband. —
See Kerr's Cyc. C. C. § 104 and note.

Same — Death of wife. — See Kerr's Cyc. C. C. § 1401 and note.

Election of widow to take under will. — See 1 Church's New
Probate Law and Practice 46.

Homesteads — Taking by descent. — See 1 Church's New Pro-
bate Law and Practice 43.

Illegitimacy, how inferred. — See 1 Church's New Probate Law
and Practice 57.

Illegitimate children — Acknowledgment of, effect upon right
to inherit. — See 1 Church's New Probate Law and Practice 54.

Same — Inheritance by or through, as to generally. — See Kerr's
Cyc. C. C. §1387 and note; §1388, note par. 2; 1 Church's New
Probate Law and Practice 16, 54-56.

Same — Nonresident alien. — See 1 Church's New Probate Law
and Practice 57.

Same — Presumption of legitimacy. — See 1 Church's New Pro-
bate Law and Practice 56.

Same — Pretermitted illegitimate child. — See 1 Church's New
Probate Law and Practice 58.

Same — Succession of estate where not acknowledged. — See 1
Church's New Probate Law and Practice 55.

Same — Sufficiency of acknowledgment. — See Kerr's Cyc. C. C.
§ 1387, note par. 27; 1 Church's New Probate Law and Practice
55; 11 L. N. S. 1502.

Same — What law governs. — See 1 Church's New Probate Law
and Practice 58.

Indians — Inheritance by. — See 1 Church's New Probate Law
and Practice 53.

Inheritance by adopted children. — See Kerr's Cyc. C. C. § 1386,
note par. 2; 1 Church's New Probate Law and Practice 20, 48;
118 A. S. 684; see "Adopted Children," this note.

Inheritance by aliens. — See "Aliens," this note.

Inheritance by convict. — See Kerr's Cyc. C. C. § 1409 and note;
1 Church's New Probate Law and Practice 51; 2 A. C. 658; 7
A. C. 976; 5 L. 344.

748



Tit. VII.] SUCCESSION, GENERALLY. § 1383

Inlieritance by Indians. — See 1 Church's New Probate Law
and Practice 53.

Inheritance by wife. — See Kerr's Cyc. C. C. § 1386 and note
par. 57.

Law governing descent and distribution. — See 10 L. 766.

Minor, unmarried, descent on death of. — See 1 Church's New
Probate Law and Practice 48.

Murderer of decedent — Not entitled to succeed. — See Kerr's
Cyc. C. C. § 1409 and note; 2 A. C. 658; 7 A. C. 976; 3 L. 726; 5
L. 344.

"Next of kin," wlio are. — See 15 L. 300.

Personal property, descent of title to. — See 112 A. S. 727.

Presumption as to legitimacy of child born out of wedlock. —
See 1 Church's New Probate Law and Practice 56.

Pretermitted illegitimate child, inheritance by. — See 1 Church's
New Probate Law and Practice 58.

Procedure where succession is not claimed. — See Kerr's Cyc.
C. C. § 1405 and note.

Relatives of the half-blood — Taking by descent. — See Kerr's
Cyc. C. C. §§ 1386, 1394 and notes; 51 A. D. 655; 29 L. 541-567.

Right to take property by inheritance of will, as a natural
right protected by the constitution. — See 9 A. C. 726.

Rights of widow — As to generally, see 1 Church's New Pro-
bate Law and Practice 44.

Same — As survivor. — See 1 Church's New Probate Law and
Practice 45.

Same — Construction of statutes. — See 1 Church's New Probate
Law and Practice 46.

Same — Election to take under will. — See 1 Church's New Pro-
bate Law and Practice 46; see also "Election," this note.

Same — Inheritance by. — See Kerr's Cyc. C. C. § 1386 and note
par. 57.

Same — Under agreements. — See 1 Church's New Probate Law
and Practice 45.

Succession to estate of illegitimate child not acknowledged
or adopted. — See 1 Church's New Probate Law and Practice 55.

Succession to estate of intestate. — See 12 A. S. 81-113.

Taking by contract and not by succession. — See 1 Church's
New Probate Law and Practice 54.

Taking by descent — In general. — See Kerr's Cyc. C. C. §§ 1.j89-
1393 and note; 1 Church's New Probate Law and Practice 38;
56 A. D. 293.

Same — Deflection of descent. — See 1 Church's New Probate
Law and Practice 40.

Same — Degrees of consanguinity and affinity, how computed
on. — See Kerr's Cyc. C. C. §§ 1389, 1393 and notes: 56 A. D. 293.

Same — In cases of intestacy. — See 12 A. S. 81-113.

749



§ 1384 CIVIL CODE. [Div.II.Pt.IV.

Same — Law governing descent and distribution. — See 10 L.
766.

Same — Personal property. — See 112 A. S. 727.

Same — Procedure where succession is not claimed. — See Kerr's
Cyc. C. C. § 104 and note.

Same — Right to take by inheritance or will as a natural right
protected by the constitution. — See 9 A. S. 726.

Same — Tiite. passes how. — See 1 Church's New Probate Law
and Practice 40.

Same- — Who are "next of kin." — See 15 L. 300.

Timber-culture claims — Taking by descent. — See 1 Church's
New Probate Law and Practice 44.

Title passes how. — See 1 Church's New Probate Law and
Practice 40.

What property descends — As to generally, see 1 Church's New
Probate Law and Practice 40.

Same — Community property. — See Kerr's Cyc. C. C. §§ 1401,
1402 and notes; 1 Church's New Probate Law and Practice 42.



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 63 of 156)