California.

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

. (page 64 of 156)
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 64 of 156)
Font size
QR-code for this ebook


Same — ^Homesteads. — See 1 Church's New Probate Law and
Practice 43.

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

Same — Unpatented mining claim. — See 4 L. N. S. 919.

Who can inherit.- — See 1 Church's New Probate Law and
Practice 51.

§ 1384. INTESTATE'S ESTATE, TO WHOM PASSES. The

property, both real and personal, of one who dies without
disposing of It by will, passes to the heirs of the intestate,
subject to the control of the probate court, and to the posses-
sion of any administrator appointed by that court, for the
purposes of administration.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 236.

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

86 C. 500, 527, 24 P. 172, 180, 25 P. 64 (construed); 88 C. 582,
586, 588, 22 A. S. 336, 26 P. 521, 522, 12 L. 46 (construed); 100 C.
158, 164, 34 P. 667 (construed); 105 C. 173, 183, 38 P. 715 (con-
strued); 40 P. 35 (applied); 109 C. 417, 422, 42 P. 139 (applied);
114 C. 526, 528, 43 P. 613, 46 P. 460 (applied); 123 C. 681, 687, 56
P. 547 (cited); 137 C. 172, 174, 69 P. 968 (applied); 143 C. 194,
198, 76 P. 968 (cited); 149 C. 208, 210, 85 P. 609 (title to estate
of intestate vests in heirs, whether known or unknown, imme-
diately upon his death); 149 C. 521, 529, 86 P. 1084, 8 L. N. S.
1210 (intestate's estate, upon his death, descends to and vests

750



Tit. VII.] SUCCESSION AND DISTRIBUTION. §§1385,1386

in his heirs, subject to what); 149 C. 712, 717, 87 P. 573 (property
of decedent vests immediately upon his death, either in his
heirs or in the devisees and legatees); 152 C. 760. 763, 93 P.
1010, 1011 (passing of title to heirs, devisees, or legatees is
subject to what control); 128 U. S. 53, 54, 32 L,. ed. 415, 418
(cited).

As to law of succession, see note § 1383, ante; 1 Church's New
Probate Law and Practice, 22, 38-58.

Absence of heirs, to whom intestate's estate passes. — See
Kerr's Cyc. C. C. § 1386, subd. 10 and note; Kerr's Cyc. C. C. P.
§§ 1452, 1581 and note; Kerr's Cyc. Pol. C. § 474 and note.

Administrator and executor are entitled to possession. — See
Kerr's Cyc. C. C. P. § 1452 and notes.

Determination of heirship, by whom made. — See Kerr's Cyc.
C. C. P. § 1664 and notes.

§1385. PEESONAL EEPRESENTATIVES (repealed).

History: Enacted March 21, 1872, repealed March 30, 1874,
Code Amdts. 1873-4, p. 236.

As to law of succession, see note § 1383, ante; 1 Church's New
Probate Law and Practice, 22, 38-58.

§1386. SUCCESSION AND DISTRIBUTION OF PROP-
ERTY OF DECEASED PERSON. When any person having
title to any estate not otherwise limited by marriage contract,
dies without disposing thereof by will, it is succeeded to and
must be distributed, unless otherwise expressly provided in
this code and the Code of Civil Procedure, subject to the
payment of his debts, in the following manner:

1. If the decedent leaves a siirviviiijr Iiiisbaud or wife, and
only one child, or the lawful issue of one child, in equal
shares to the surviving husband, or wife and child, or issue
of such child. If the decedent leaves a surviving husband or
wife, and more than one child living, or one child living and
the lawful issue of one or more deceased children, one-
third to the surviving husband or wife, and the remainder in
equal shares to his children and to the lawful issue of any
deceased child, by right of representation; but if there is no
child of decedent living at his death, the remainder goes to
all of his lineal descendants; and if all of the descendants
are in the same degree of kindred to the decedent, they share

751



§ 1386 CIVIL CODE. [Div.II.Pt.IV.

equally, otherwise they take according to the right of repre-
sentation. If the decedent leaves no surviving husband or
wife, but leaves issue, the whole estate goes to such issue;
and if such issue consists of more than one child living, or
one child living and the lawful issue of one of more deceased
children, then the estate goes in equal shares to the children
living, or to the child living and the issue of the deceased
child or children by right of representation;

2. If the decedent leaves no issue, the estate goes one-half
to the surviving husband or wife, and the other half to the
decedent's father and mother in equal shares, and if either is
dead the whole of said half goes to the other. If there is no
father or mother, then one-half goes in equal shares to the
brothers and sisters of decedent and to the children or grand-
children of any deceased brother or sister by right of repre-
sentation. If the decedent leaves no issue, nor husband nor
wife, the estate must go to his father and mother in equal
shares, or if either is dead then to the other;

3. If there is neitlier issue, husband, wife, father, nor
mother then in equal shares to the brothers and sisters of
decedent and to the children or grandchildren of any deceased
brother or sister, by right of representation;

4. If the decedent leaves a surviving husband or wife, and
neither issue, father, mother, brother, sister, nor the children
or grandchildren of a deceased brother or sister, the whole
estate goes to the surviving husband or wife;

5. If the decedent leaves neither issue, husband, wife, father,
mother, brother, nor sister, the estate must go to the next
of kin, in equal degree, excepting that, when there are two
or more collateral kindred, in equal degree, but claiming
through different ancestors, those who claim through the
nearest ancestor must be preferred to those claiming through
an ancestor more remote;

6. If the decedent leaves several children, or one child and
the issue of one or more children, and any such surviving
child dies under age and not having been married, all the
estate that came to the deceased child by inheritance from

752



Tit. VII.] SUCCESSION, ON DEATH. § 1386

such decedent descends in equal shares to the other children
of the same parent and to the issue of any such other children
who are dead, by right of representation;

7. If, at the death of such child, ^ho dies under age, not
having been married, all the other children of his parents are
also dead, and any of them has left issue, the estate that
came to such child by inheritance from his parent descends
to the issue of all other children of the same parent; and if
all the issue are in the same degree of kindred to the child,
they share the estate equally, otherwise they take according
to the right of representation;

8. If the deceased is a widow, or widower, and leaves no
issue, and the estate, or any portion thereof, was common
property of such decedent and his or her deceased spouse,
while such spouse was living, such pi'operty goes in equal
shares to the children of such deceased spouse and to the
descendants of such children by right of representation, and
if none, then one-half of such common property goes to the
father and mother of such decedent in equal shares, or to the
survivor of them if either be dead, or if both be dead, then in
equal shares to the brothers and sisters of such decedent and
to the descendants of any deceased brother or sister by right
of representation, and the other half goes to the father and
mother of such deceased spouse in equal shares, or to the
survivor of them if either be dead, or if both be dead, then
in equal shares to the brothers and sisters of such deceased
spouse and to the descendants of any deceased brother or sis-
ter by right of representation.

If the estate, or any ]><»rtion thereof, was separate property
of such deceased spouse, while living, and came to such
decedent from such spouse by descent, devise, or bequest,
such property goes in equal shares to the children of such
spouse and to the descendants of any deceased child by right
of representation, and if none, then to the father and mother
of such spouse, in equal shares, or to the survivor of them
if either be dead, or if both be dead, then in equal shares
to the brothers and sisters of such spouse and to the descend-

753



§ 1386 CIVIL CODE. [Div.II.Pt.IV.

ants of any deceased brother or sister by right of represen-
tation.

9. If the decedent leaves no husband, wife, or kindred, and
there are no heirs to take his estate or any portion thereof,
under subdivision eight of this section, the same escheats to
the state for the support of the common schools.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 236; April 23, 1880, Code Amdts. 1880
(C. C. pt.), p. 14; by Code Commission, Act March 16, 1901, Stats.
and Amdts. 1900-1, p. 404, held unconstitutional, see history, § 4
ante; amendment re-enacted March 21, 1905, Stats, and Amdts.
1905, pp. 607, 608; amended March 18, 1907, Stats, and Amdts.
1907, pp. 567-569, Kerr's Stats, and Amdts. 1906-7, pp. 424, 425.

See Kerr's Cyc. C. C. for 67 pars, annotation.

63 C. 414, 416, 417 (construed); 75 C. 213, 219, 16 P. 887, 888, 7
A. S. 146 (construed with §§ 227, 228 — right of adopted child to
succeed by inheritance); 76 C. 527, 531, 18 P. 650, 652 (applied);
78 C. 586, 587 (construing subd. 5), 588 (construing subd. 2), 12
A. S. 80, 21 P. 435; 81 C. 408, 438, 21 P. 976, 978, 22 P. 742, 1028,
6 L. 594 (construed and applied); 84 C. 489, 495, 24 P. 269, 270
(subd. 2 construed and applied); 88 C. 582, 586, 22 A. S. 336, 26
P. 521, 522, 12 L. 46 (construed with other sections); 88 C. 616,
620, 26 P. 373, 374 (construing subd. 5); 110 C. 524, 526, 527 (con-
strued with §1394), 42 P. 950 (subd. 6 construed and applied);
114 C. 464, 465, 46 P. 380 (subds. 2 and 3 construed); 117 C. 281,
285, 286, 49 P. 181 (construed and applied); 123 C. 681, 687, 688,
56 P. 547 (referred to — 'meaning of "heirs" in . instrument of
conveyance); 124 C. 128, 129, 56 P. 789 (subd. 5 construed); 130
C. 316, 322, 80 A. S. 127, 62 P. 559 (applied); 131 C. 433, 434, 435,
82 A. S. 358, 63 P. 729 (construed); 132 C. 214, 215, 217, 64 P.
284 (subd. 5 applied — right of brothers and sisters of half-blood
to inherit); 132 C. 523, 526, 84 A. S. 70, 60 P. 442, 64 P. 1000
(referred to); 132 C. 609, 612, 613, 64 P. 995 (applied); 136 C.
110, 112, 68 P. 499 (cited); 138 C. 546, 548 (referred to), 549
(subd. 9 construed and applied), 550, 551 (construed and
applied), 71 P. 458; 140 C. 468, 469, 74 P. 10 (construed — sense in
which word "issue" is used — right of adopted child to succeed
to estate of adoptive parents); 143 C. 194, 197 (construed), 198
(construed), 202, 205, 207 (cited in dis. op.), 76 P. 968; 146 C. 577,
579, 80 P. 860 (subds. 2 and 7 applied); 147 C. 606, 607, 82 P. 246
(subd. 9 applied); 149 C. 208, 212, 85 P. 609 (subd. 9 applied-
pleading); 149 C. 702, 703, 87 P. 384 (former law — rule of prop-
erty — nephews and nieces do not succeed when); 150 C. 682-689,
89 P. 833 (construed with §§1387 and 1388 — what rule as to
succession from illegitimates must prevail over this section);

754



Y Tit. VII.] LEGITIMATE CHILDREN. § 1387

152 C. 201, 207 (applied, but erroneously cited as § 1386 C. C. P.),
92 P. 184, 186 (correct citation); 92 P. 210, 211 (referred to);
128 U. S. 53, 54, 32 L. ed. 415, 418 (cited).

As to inheritance by kindred of half-blood, see Kerr's Cyc.
C. C. § 1394 and note.

As to law of succession, see note § 1383, ante; 1 Church's New
Probate Law and Practice, 22, 38-58.

As to rights of succession of pretermitted children, see Kerr's
Cyc. C. C. § 1307 and note.

As to who entitled to succeed to estates of inheritance, see 12
A. S. 81-113.

As to who are "heirs" and meaning of word, see 8 L. 732, 747;
12 L. 721; 13 L. 46.

Same — Within meaning of insurance policy, see 30 L. 593.

§1387. ILLEGITIMATE CHILDREN TO IJfHERIT IN
CERTAIN EVENTS. Every illegitimate child is an heir of
the person who, in writing, signed in the presence of a com-
petent witness, acknowledges himself to be the father of such
child; and in all cases is an heir of his mother; and inherits
his or her estate, in whole or in part, as the case may be, in
the same manner as if he had been born in lawful wedlock;
but he does not represent his father or mother by inheriting
any part of the estate of his or her kindred, either lineal or
collateral, unless, before his death, his parents shall have
intermarried, and his father, after such marriage, acknowl-
edges him as his child, or adopts him into his family; in
which case such child and all the legitimate children are con-
sidered brothers and sisters, and on the death of either of
them, intestate, and without issue, the others inherit his
estate, and are heirs, as hereinbefore provided, in like manner
as if all the children had been legitimate; saving to the father
and mother, respectively, their rights in the estates of all the
children in like manner as if all had been legitimate. The
issue of all marriages null in law, or dissolved by divorce,
are legitimate.

History: Enacted March 21, 1872; amended by Code Commis-
sion, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 405, held
unconstitutional, see history, § 4 ante.

See Kerr's Cyc. C. C. for 40 pars, annotation.
52 C. 84, 87 (applied); 57 C. 484, 491, 492 (applied); 63 C. 414,

755



§§ 1388, 1389 CIVIL CODE. [Div.II.Pt.IV.

415, 416, 417 (construed and applied); 81 C. 408, 421, 422, 442,
447, 21 P. 976, 979, 980. 981, 22 P. 742, 745. 1028, 6 L. 594 (con-
strued and applied); 96 C. 532, 557, 581, 582, 588, 591, 593, 594,
31 P. 915, 19 L. 40 (construed); 102 C. 254. 262, 263, 36 P. 522
(construed); 40 P. 35 (referred to); 112 C. 689, 693, 45 P. 6 (con-
strued); 127 C. 431, 434, 59 P. 787 (applied); 142 C. 158, 168, 170,
171, 75 P. 790 (applied in case of legitimation by adoption); 150
C. 682,r684, 685, 686, 687, 689, 89 P. 833 (construed with §§ 1386,
1388 — right of illegitimate half-sister of illegitimate to inherit);
173 U. S. 501, 504, 43 L. ed. 783, 784, 785 (referred to); 180 U. S.
333, 334, 335, 45 L. ed. 557, 558, 21 Sup. Ct. Rep. 390 (referred to).

As to succession by or througli illegitimate children, see note
§ 1383, ante; and 12 A. S. 101.

As to law of succession, see note § 1383, ante; 1 Church's New
Probate Law and Practice, 22, 38-58.

Illegitimate children. — See Kerrs Cyc. C. C. §§ 84, 215, 224,
227, 228, 230 and notes.

§ 1388. PROPEKTY OF ILLEGITIMATE CHILD IS SUC-
CEEDED TO, WHEN A>D HOW. The estate of an illegiti-
mate child, who has been legitimated by the subsequent mar-
riage of its parents, or adopted by the father as provided by
section two hundred and thirty, and who dies intestate, is suc-
ceeded to as if he were born in lawful wedlock. If such child
has not been so legitimated or adopted, his estate goes to his
lawful issue, or, if he leaves no issue, to his mother, or in
case of her decease, to her heirs at law.

History: Enacted March 21, 1872; amended by Code Commis-
sion, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 406, held
unconstitutional, see history, § 4 ante; amendment re-enacted
March 21, 1905, Stats, and Amdts. 1905, p. 609.

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

63 C. 414, 415, 417 (applied); 40 P. 35, 36 (referred to with
other sections in discussion); 150 C. 682, 684, 686, 687, 688, 689,
89 P. 833 (construed with §§ 1386, 1387 applied).

As to law of succession, see note § 1383, ante; 1 Cliurch's New
Probate Law and Practice, 22, 38-58.

§1389. DEGREE OF KINDRED, HOW COMPITED. The

degree of kindred' is established by the number of generations,
and eacli generation is called a degree.

History: Enacted March 21, 1872.
756



Tit. VII.] COLLATERAL LINE. §§1390-1392

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

(C. April 2, 1895), 40 P. 35, 36 (referred to with other sections
in discussion).

As to law of succession, see note § 1383, ante; 1 Ciiurch's New
Probate Law and Practice, 22, 38-58.

As to degrees of consanguinity and affinity — How computed
for purposes of succession, see 56 A. D. 293.

As to who are next of kin, see 12 A. S. 107; 15 L. 300.

§1390. SAME. [COLLATEBAL LINE.] The series of
degrees forms the line; the series of degrees between per-
sons who descend from one another is called direct or lineal
consanguinity; and the series of degrees between persons who
do not descend from one another, but spring from a common
ancestor, is called the collateral line, or collateral consan-
guinity.

History: Enacted March 21, 1872, founded upon Louisiana
Civil Code, art. 886.

40 P. 35, 36 (referred to with other sections in discussion).
As to law of succession, see note § 1383, ante; 1 Church's New
Probate Law and Practice, 22, 38-58.

§ 1391. SAME. [ASCENDING AND DESCENDING DIRECT
LINE.] The direct line is divided into a direct line descend-
ing and a direct line ascending. The first is that which con-
nects the ancestors with those who descend from him. The
second is that which connects a person with those from whom
he descends.

History: Enacted March 21, 1872, founded upon Louisiana
Civil Code, art. 886.

40 P. 35, 36 (referred to with other sections in discussion).
As to law of succession, see note § 1383, ante; 1 Church's New
Probate Law and Practice, 22, 38-58.

§1392. SAME. [DEGREES IN DIRECT LINE.] In the

direct line there are as many degrees as there are generations.
Thus, the son is, with regard to the father, in the first degree;
the grandson in the second; and vice versa with regard to
the father and grandfather toward the sons and grandsons.

History: Enacted March 21, 1872, founded upon Louisiana
Civil Code, art. 887.

757



§§ 1393-1395 CIVIL CODE. [Div.II,Pt.IV.

40 P. 35, 36 (referred to with other sections in discussion).
As to law of succession, see note § 1383, ante; 1 Church's New
Probate Law and Practice, 22, 38-58.

§ 1393. SAME. [DEGREES IN COLLATERAL LINE.] In

the collateral line the degrees are counted by generations,
from one of the relations up to the common ancestor, and
from the common ancestor to the other relations. In such
computation the decedent is excluded, the relative included,
and the ancestor counted but once. Thus, brothers are
related in the second degree; uncle and nephew in the third
degree; cousins german in the fourth, and so on.

Hi.story: Enacted March 21, 1872, founded upon Louisiana
Civil Code, art. 888; Mon-tesq. Esprit des Lois, liv. 27.

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

105 C. 526, 557, 558, 38 P. 94, 722, 28 L. 773 (construed); 40 P.
35, 36 (referred to with other sections in discussion).

As to law of succession, see note § 1383, ante; 1 Church's New
Probate Law and Practice, 22, 38-58.

§ 1394. RELATIVES OF THE HALF-BLOOD. Kindred of
the half-blood inherit equally with those of the whole-blood
in the same degree, unless the inheritance come to the intes-
tate by descent, devise, or gift of some one of his ancestors,
in which case all those who are not of the blood of such
ancestors must be excluded from such inheritance.

History: Enacted March 21, 1872, founded upon § 4 Act April
13, 1850, Stats. 1850, p. 221.

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

40 P. 35, 36^ (referred to with other sections in discussion);
110 C. 524, 527 (construed and applied), 42 P. 960; 131 C. 433,
434, 435, 436, 82 A. S. 358 (construed and applied), 63 P. 729;
132 C. 214, 216 (applied), 217 (applied), 64 P. 284.

As to inheritance by half-blood, see 61 A. D. 655; 29 L. 541, 567.

As to law of succession, see note § 1383, ante; 1 Church's New
Probate Law and Practice, 22, 38-58.

Kindred of half-blood as administrators. — See Kerr's Pocket
C. C. P. § 1366.

§1395. ADVANCEMEIVTS CONSTITUTE PART OF DIS-
TRIBUTIVE SHARE. Any estate, real or personal, given by

758



Tit. VII.] ADVANCEMENTS. §§ 1396, 1397

the decedent in his lifetime as an advancement to any child,
or other heir, is a part of the estate of the decedent for the
purposes of division and distribution thereof among his heirs,
and must be taken by such child, or other heir, toward his
share of the estate of the decedent.

Hi-story: Enacted March 21, 1872, founded upon § 5 Act April
13, 18.50, Stats. 1850, p. 221; amended by Code Commission, Act
March 16, 1901, Stats, and Amdts. 1900-1, p. 406, held unconstitu-
tional, see history, § 4 ante; amendment re-enacted March 21,
1905, p. 609.

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

74 C. 125, 132, 15 P. 455, 457 (cited in discussion); 40 P. 35, 36
(referred to in discussion).

As to doctrine of advancements to heirs, see 12 L. 566.

As to law of succession, see note § 1383, ante; 1 Church's New
Probate Law and Practice, 22, 38-58.

§1396. ADVANCEMENTS, WHEN TOO MXTH, OR NOT
ENOUGH. If the amount of such advancement exceeds the
share of the heir receiving the same, he must be excluded
from any further portion in the division and distribution of
the estate, but he must not be required to refund any part
of such advancement; and if the amount so received is less
than his share, he is entitled to so much more as will give
him his full share of the estate of the decedent.

History: Enacted March 21, 1872, founded upon § 6 Act April
13, 1850, Stats. 1850, p. 221.

40 P. 35, 36 (referred to in discussion); 74 C. 125. 132, 15 P.
455 (cited with other sections in discussion).

See Kerr's Cyc. C. C. §§ 1395, 1397 and notes.

As to interest on advancements to equalize, see note 14 Ij. 716.

As to law of succession, see note § 1383, ante; 1 Church's New
Probate Law and Practice, 22, 38-58.

As to valuation of, see 80 A. D. 564.

§1397. ^YHAT ARE ADVANCEMENTS. All gifts and
grants are made as advancements, if expressed in the gift or
grant to be so made; or if charged in writing by the decedent
as an advancement, or acknowledged in writing as such, by
the child or other successor or heir.

759



§§ 1398, 1399 CIVIL CODE. [Div.II.Pt.IV.

History: Enacted March 21, 1872, founded upon § 7 Act April
13, 1850, Stats. 1850, p. 221.

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

40 P. 35, 36 (referred to in discussion); 74 C. 125, 132, 15 P.
455 (cited with other sections in discussion).

As to advancements, wliat constitute, see 80 A. D. 559.

As to law of succession, see note § 1383, ante; 1 Cliurch's New
Probate Law and Practice, 22, 38-58.

§1398. VALUE OF ADVANCEMENTS, HOW DETER-
MINED. If the value of the estate so advanced is expressed
in the conveyance, or in the charge thereof made by the dece-
dent, or in the acknowledgment of the party receiving it, it
must be held as of that value in the division and distribution
of the estate; otherwise, it must be estimated according to its
value when given, as nearly as the same can be ascertained.

History: Enacted March 21, 1872, founded upon § 8 Act April
13, 1850, Stats. 1850, p. 221.

40 P. 35, 36 (referred to in discussion); 74 C. 125, 132, 15 P.
455 (cited with other sections in discussion).

As to law of succession, see note § 1383, ante; 1 Church's New
Probate Law and Practice, 22, 38-58.

§ 1399. WHEN HEIR, ADVANCED TO, DIES BEFORE

DECEDENT. If any child, or other heir receiving advance-
ment, dies before the decedent, leaving heirs, the advancement
must be taken into consideration in the division and distribu-
tion of the estate, and the amount thereof must be allowed
accordingly by the representatives of the heirs receiving the
advancement, in like manner as if the advancement had been
made directly to them.

History: Enacted March 21, 1872, founded upon § 9 Act April
13, 1850, Stats. 1850, p. 221; amended by Code Commission, Act
March 16, 1901, Stats, and Amdts. 1900-1, p. 406, held unconstitu-
tional, see history, § 4 ante; amendment re-enacted March 21,
1905, Stats, and Amdts. 1905, p. 609.

74 C. 125, 132, 15 P. 455 (cited with other sections in discus-
sion); 40 P. 35, 36 (referred to in discussion).

As to law of succession, see note § 1383, ante; 1 Church's New
Probate Law and Practice, 22, 38-58.

"Advancements." — See Kerr's Cyc. C. C. §§ 1309, 1351 and 1395
and notes.

760



Tit. VII.] COMMUNITY PROPERTY. §§1400,1401

§ 1400. IIVHERITANCE OF HI SBA>D AND ^VIFE FROU
EACH OTHER. The provisions of the preceding sections of
this title, as to the inheritance of the husband and wife from
each other, apply only to the separate property of the dece-
dents.

History: Enacted March 21, 1872, founded upon § 10 Act
April 13, 1850, Stats. 1850, p. 221.

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

40 P. 35, 36 (cited); 112 C. 387, 394, 44 P. 734 (construed); 150
C. 682, 689, 89 P. 833 (referred to).

As to law of succession, see note § 1383, ante; 1 Church's New



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 64 of 156)