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are two other competent subscribing witnesses.-Section 1282.

A creditor is a competent witness.-Section 1282.

A subscribing witness is entitled to take so much of the estate as would have been distributed to him had the will not been established, not exceeding the devise or bequest made to him in the will.-Section 1283.

A will made out of California, is valid in that state only if executed according to the laws of California, except that a will made in a state or country in which the testator is domiciled at the time of his death, and valid under the laws of such state, is valid in California as to personal property.-Section 1285.

Execution of a codicil referring to a previous will revokes the will as modified by the codicil.-Section 1287. To make a nuncupative will valid, and to entitle it to be admitted to probate, the following requisites must be observed:

One. The estate bequeathed must not exceed in value the sum of one thousand dollars.

Two. It must be proved by two witnesses who were present at the making thereof, one of whom was asked by the testator, at the time, to bear witness that such was his will, or to that effect.

Three. The decedent must, at the time, have been in actual military 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 expectation of immediate death from an injury received the same day.-Section 1289.

No proof must be received of any nuncupative will, unless it is offered within six months after speaking the testamentary words, nor unless the words, or the sub

stance thereof, were reduced to writing within thirty days after they were spoken.-Section 1290.

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 interested, to contest the probate of such will, if they think proper.-Section 1291.

A written will is revoked by another will or writing, executed as a will, or by burning, tearing, cancelling, obliterating or destroying.-Section 1292.

A prior will is not revoked by subsequent will, unless the latter contains an express revocation.-Section 1296. A revocation of subsequent will does not revive prior will, unless the intention to do so appears, or the prior will is duly republished.-Section 1297.

A will is revoked by subsequent marriage and birth of issue where a wife or issue survives the testator, unless provision has been made for such issue, either by settlement or by will, or the intention not to make such provision be shown therein.-Section 1298.

Subsequent marriage of the testator revokes the will if the wife survive, unless provision is made by marriage contract, or in the will, for such wife.-Section 1299.

A will of a married woman is revoked by her subsequent marriage, and is not revived by the death of her husband.-Section 1300.

An agreement for the sale or transfer of property disposed by will, does not revoke such disposal.-Section 1301.

Mortgage or encumbrance of property disposed by will, is not a revocation.-Section 1302.

A conveyance, settlement or other act of the testator by which his interest in a thing previously disposed of by his will is altered, but not wholly divested, is not a revocation; but the will passes the property which would otherwise devolve by succession.-Section 1303.

After-born child, unprovided for by settlement or will, and not mentioned in the will, succeeds as in case of intestacy. Section 1306.

When any testator omits to provide in his will for any of his children, or the issue of any deceased child, unless it appears that such omission was intentional, such child, or the issue of such child, has the same share in the estate of the testator as if he died intestate.-Section 1307.

Where a devisee or legatee dies before the testator, leaving lineal descendants, they take in the same manner as if the devisee or legatee had survived the testator.Section 1310.

Every devise of land in a will conveys all the estate of the devisor which he could lawfully devise.-Section 1311. Subsequently acquired interest in lands passes, unless the contrary intention appears.-Section 1312.

All wills duly proved and allowed in another state of the United States, or any foreign country or state, may be allowed in California.-Section 1322.

When a copy of the will, and the probate thereof, duly authenticated, shall be produced by the executor, or by any other person interested in the will, with a petition for letters, the same must be filed, and the clerk of the court must appoint a time for the hearing; notice whereof must be given as hereinbefore provided for an original petition for the probate of a will.-Section 1323.

If, on the hearing, it appears upon the face of the record that the will has been proved, allowed, and ad

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mitted to probate in any other of the United States, or in any foreign country, and that it was executed according to the law of the place in which the same was made, or in which the testator was at the time domiciled, or in conformity with the laws of this state, it must be admitted to probate, and have the same force and effect as a will first admitted to probate in this state, and letters testamentary or of administration issued thereon.-Section 1324.

No. 6 Colorado.
[MILLS' ANN. STATS., 1912.]

Every person, aged twenty-one years, if a male, or eighteen years, if a female, being of sound mind and memory, shall have the power to devise all the estate, right, title and interest in possession, reversion or remainder, which he or she hath or at the time of his or her death shall have of, in and to any lands, tenements, hereditaments, annuities or rents charged upon or issuing out of them, or goods, chattels and personal estate of every description whatever, by will or testament; all persons of the age of seventeen years, and of sound mind and memory, shall have the power to dispose of their personal estate, by will or testament; provided, that no married man or woman shall by will devise or bequeath away, one from the other, more than one-half of his or her estate, without the consent in writing of such other, executed after the death of testator or testatrix, but it shall be optional with such wife or husband, after the death of the other, to accept the condition of any such will or one-half of the whole estate.-Section 7868 as amended 1913.

All wills by which any property, real or personal, is devised or bequeathed, shall be reduced to writing and

signed by the testator, or by some one in his presence and by his direction, and attested in the presence of the testator, by two or more credible witnesses.-Section 7869.

No will shall be revoked otherwise than by the subsequent marriage of the testator, or by burning, tearing, or obliterating the said will, by the testator himself or in his presence, by his direction and consent, or by some other will or codicil in writing, declaring the same, signed by the testator in the presence of two or more witnesses, and by them attested in his presence, and no words spoken shall revoke or annul any will in writing, executed as aforesaid in due form of law.-Section 7870.

If after making a last will, a child shall be born to any testator, and no provision be made in such will for such child, the will shall not, on that account, be revoked; but unless it shall appear by such will that it was the intention of such testator to disinherit such child, the devises and legacies by such will granted and given shall be abated in equal proportions, to raise a portion for such child, equal to that which such child would have been entitled to receive out of the estate of such testator if he had died intestate.-Section 7871.

If any beneficial devise, legacy or interest shall be made or given in any will, to any person subscribing such will as a witness to the execution thereof, such devise, legacy or interest shall, as to such subscribing witness and all persons claiming under him, be null and void, unless such will be otherwise duly attested by a sufficient number of witnesses exclusive of such person, according to this act, and he shall be compellable to appear and give testimony on the residue of such will, in like manner as if no such devise or bequest had been made; but if such

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