Order for Passenger Broker's License. City and County Auditor's Office, Wm. H. Tillinghast, City and County Treasurer: 185 } dollars, designated in the statement hereinafter given (the original of which is now on file in my office), you. will make out and deliver a license to having an office at street, to pursue the business of a passenger broker in the city and county of San Francisco, for one month from the second day of , STATEMENT. 185 Actual aggregate amount of gross receipts for the transportation of passengers on the ocean, from 2d of to 2d of 185 Less the estimated receipts in previous statement, Estimated gross receipts for transportation of passengers on the ocean, from 2d of $ 185 to 2d of - $ Total, In accordance with an act of the legislature, approved 25th March, 1858. City and County Auditor. 47 CHAPTER XXXVIII. WILLS. If a person possessed of property die without having made any disposition thereof, the law provides that it shall descend to, and become the property of certain relations, called heirs. If he wishes to control the matter, however, so that his property shall go to such persons or institutions, and in such proportions as he may desire, he effects that object by making a will. All wills should be made in writing, although verbal wills can be made, which are called nuncupative wills, which will be more -particularly mentioned hereafter. The principal rules to be observed in making a will, are, that the testator, as he is called, should express clearly and unmistakably, how he wishes his property disposed of, and that he should execute it freely and without restraint, undue influence or fraudulent misrepresentations, when in sound mind, by signing it, and declaring it to be his last will and testament, in the presence of at least two disinterested and competent persons, not mentioned or referred to in the will, and who, at his request and in his presence, and in the presence of each other, shall thereupon subscribe their names as witnesses. The testator should also mention in the will the person or persons he may wish to be his executor or executors. He should also, when he omits to provide for his children, or the issue of a deceased child, or for children who may be born after making the will, or for any marriage he may enter into after making the will, show that such omission was intentional. And where he desires that his executor or executors should not be required to give security, he should so state in the will.' If the testator cannot write, or from sickness or other cause is 1 Wood's Dig. art. 3574, 3578, 8579, 2258. unable to sign, his name may be signed to the will by some person in his presence, and by his express direction.' If at any time after he has executed his will, he desires to make any alterations in any part of it, or if he desires to make an addition to the will, which is called a codicil, he must sign the same, and have it witnessed in the same manner and with the same formality as is required in executing the original will. No will in writing shall be revoked, unless by burning, tearing, cancelling or obliterating the same, with the intention of revoking it by the testator, or by some person in his presence, or by his direction, or by some other will or codicil in writing, executed as prescribed by this act, or by some other writing, signed, attested and subscribed in the manner provided by this act, for the execution of a will; but nothing contained in this section shall prevent the revocation implied by law from subsequent changes in the condition or circumstances of the testator." Any person over the age of eighteen years, of sound mind, may make, alter or revoke a will; but a married woman cannot exercise such right without the consent of the husband, in writing, annexed to such will, alteration or revocation, and attested and subscribed, and to be proven and recorded in like manner as a will is required to be witnessed, proven and recorded, unless the wife has power to make a will, conferred by marriage contract or authority in writing, executed by her husband before marriage.' A will executed by a single woman is deemed revoked upon marriage, and is not subsequently revived by the death of her husband.' No difference is made under the California statute, between wills of real estate and wills of personal estate. A will should be presented to the Probate Court having jurisdiction, within thirty days after the death of the testator; and after it has been probated, it should be recorded in the office of the county recorder." No nuncupative will shall be good, when the estate bequeathed exceeds the value of five hundred dollars, nor unless the same be proved by two witnesses who were present at the making thereof, 1 Wood's Dig. 8565. 2 id. 8572. id. 8564. 4 id. 8575. nor unless it be proved that the testator, at the time of pronounc ing the same, did bid some one present to bear witness that such was his will, or to that effect, nor unless such nuncupative will was made at the time of the last sickness, and at the dwellinghouse of the deceased, or where he or she had been residing for the space of ten days or more, except where such person was taken sick from home, and died before his or her return. Nothing contained herein shall prevent any soldier, being in actual service, nor mariner, being on shipboard, from disposing of his wages and other personal estate by a nuncupative will.' No proof shall be received of any nuncupative will, unless it be offered within six months after speaking the testamentary words, nor unless the words or the substance thereof were reduced to writing, within thirty days after they were spoken.' No probate of any nuncupative will shall be granted for fourteen days after the death of the testator, nor shall any nuncupative will be at any time proved, unless the testamentary words, or the substance thereof, be first committed to writing, and process be issued to call in the widow, or other person or persons interested to contest the probate of such will, if they think proper.' When any estate shall be devised to any child, or other rela tion of the testator, and the devisee shall die before the testato:. leaving lineal descendants, such descendants shall take the estate so given by the will, in the same manner as the devisee would have done, if he would have survived the testator." Every devise of land in any will shall be construed to convey all the estate of the devisor therein, which he could lawfully devise, unless it shall clearly appear by the will that he intended to convey a less estate.' Any estate, right or interest in lands acquired by the testator, after the making of his or her will, shall pass thereby, in like manner as if it passed at the time of making the will, if such shall manifestly appear by the will to have been the intention of the testator.' No will made in any other of the United States, or in any foreign country or state, shall be deemed valid as a will in this state, unless executed according to the provisions of this act." 1 Wood's Dig. art. 3569-8571. id. 8582-8585, JUDICIAL DECISIONS. The several statutes of this state relating to wills, do not apply to wills executed previous to their passage. There is no provision for the probate of such wills, and they must rest for their validity upon the laws under which they were made.' A will is regarded as a conveyance, and takes effect as a deed, on proof of its execution, unless there be some express statute requiring it to be probated." The homestead cannot be disposed of by will, neither can the testator dispose of more than one-half of the community property, the other half being the property of the survivor.' OREGON AND WASHINGTON. The foregoing provisions apply to wills in Oregon and Washington, except in the following matters of difference: A will of real estate can only be made by a person twenty-one years of age and upward, and in every case, the dower right is reserved to the widow." A will of personal estate, may be made by a person over eighteen years of age." A married woman, may by will dispose of any real estate held in her own right, subject to her husband's right as tenant by courtesy.' In all cases where lands devised by will are situated in different counties, a copy of such will shall be recorded in the recorder's office in each county, within six months after the probate.* FORMS. Simple Form of Will. I, A. B., of lawful age, at present a resident of publish and declare this my last will and testament: 1st. I give and bequeath to C. D. [here mention the amount of money, the goods or other property]. 2d. I devise to E. F. [here mention or describe the land devised]. 1 10 Cal. 465. 26 id. 158.. 10 id. 507; 5 id. 252. 4 Statutes O. 884; Statutes W. 313. |