§ 1269. From and after the time the declaration is filed for record, the land described therein is a homestead. TITLE VI. WILLS. CHAPTER 1. EXECUTION AND REVOCATION OF WILLS, §§ 12701313. II. INTERPRETATION OF WILLS, §§ 1317-1351. III. GENERAL PROVISIONS RELATING TO WILLS, §§ 1357-1377. CHAPTER I. EXECUTION AND REVOCATION OF WILLS. SECTION 1270. Who may make a will. 1271. Monomaniac incompetent. (Repealed.) 1272. Will, or part thereof, procured by fraud. 1273. Separate property of married women. 1274. What may pass by will. 1275. Who may take by will. 1276. Written will, how to be executed. 1277. Definition of an olographic will. 1278. Witness to add residence. 1279. Mutual will. 1280. Competency of subscribing witness. 1281. Conditional will. 1282. Gifts to subscribing witnesses void. Creditors competent witnesses. 1283. Witness who is a devisee, and who would be entitled to share of testator's estate if no will, entitled to share to amount of devise. 1284. Will made out of this State. (Repealed.) 1285. Will not duly executed, void. 1286. Subsequent change of domicile. (Repealed.) 1287. Republication by codicil. 1288. Nuncupative will, how to be executed. 1289. Requisites of a valid nuncupative will. 1290. Proof of nuncupative wills. 1291. Probate of nuncupative wills. 1292. Written will, how revoked. 1293. Evidence of revocation SECTION 1294. Revocation by obliteration on face of will. (Repealed.) 1295. Revocation of duplicate. 1296. Revocation by subsequent will. 1297. Antecedent not revived by revocation of subsequent will. 1298. Revocation by marriage and birth of issue. 1299. Effect of marriage of a man on his will. 1300. Effect of a marriage of a woman on her will. 1301. Contract of sale not a revocation. 1302. Mortgage not a revocation of will. 1303. Conveyance, when not a revocation. 1305. Revocation of codicils. 1306. Afterborn child, unprovided for, to succeed. 1307. Children or issue of children of testator unprovided for by his will. 1308. Share of afterborn child, out of what part of estate to be paid. 1309. Advancement during lifetime of testator. 1310. Death of devisee, being relation of testator, in lifetime of testator, leaving lineal descendants. 1311. Devises of land, how construed. 1312. Will to pass rights acquired after the making thereof. § 1270. Every person over the age of eighteen years, of sound mind, may, by last will, dispose of all his estate, real and personal, and such estate not disposed of by will is succeeded to as provided in Title VII. of this part, being chargeable in both cases with the payment of all the decedent's debts, as provided in the Code of Civil Procedure. § 1271 of said Code is repealed. [In effect July 1, 1874.] § 1272. A will, or a part of a will, procured to be made by duress, menace, fraud, or undue influence, may be denied probate; and a revocation, procured by the same means, may be declared void. Code Civil Procedure, § 1312. § 1273. A married woman may dispose of all her separate estate by will, without the consent of her husband, and may alter or revoke the will in like manner as if she were single. Her will must be executed and proved in like manner as other wills. [In effect July 1, 1874.] § 1274. Every estate and interest in real or personal property, to which heirs, husband, widow, or next of kin might succeed, may be disposed of by will, except as otherwise provided in sections 1401 and 1402. § 1275. A testamentary disposition may be made to any person capable by law of taking the property so disposed of, except corporations other than those formed for scientific, literary, or solely educational purposes, cannot take under a will, unless expressly authorized by statute. Effect immediately. [Approved January 29, 1874.] § 1276. Every will, other than a nuncupative will, must be in writing; and every will, other than an olographic will, and a nuncupative will, must be executed and attested as follows: 1. It must be subscribed at the end thereof by the testator himself, or some person in his presence and by his direction must subscribe his name thereto; 2. The subscription must be made in the presence of the attesting witnesses, or be acknowledged by the testator to them, to have been made by him or by his authority; 3. The testator must, at the time of subscribing or acknowledging the same, declare to the attesting witnesses that the instrument is his will; and, 4. There must be two attesting witnesses, each of whom must sign his name as a witness, at the end of the will, at the testator's request, and in his presence. 54 Cal. 517. § 1277. An olographic will is one that is entirely written, dated, and signed by the hand of the testator himself. It is subject to no other form, and may be made in or out of this State, and need not be witnessed. May be proven in same manner as other private writings. Code Civil Procedure, § 1309. § 1278. A witness to a written will must write, with his name, his place of residence; 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 validity of the will. 54 Cal. 518. § 1279. A conjoint or mutual will is valid, but it may be revoked by any of the testators, in like manner with any other will. § 1280. If the subscribing witnesses to a will are competent at the time of attesting its execution, their subsequent incompetency, from whatever cause it may arise, does not pre vent the probate and allowance of the will, if it is otherwise satisfactorily proved. § 1281. 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 condition. § 1282. 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_subscribing 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. § 1283. If a witness, to whom any beneficial devise, legacy, or gift, void by the preceding 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. [In effect July 1, 1874.] § 1284 of said Code is repealed. [In effect July 1, 1874.] § 1285. No will made out of this State is valid as a will in this State, unless executed according to the provisions of this chapter. [In effect July 1, 1874.] Code Civ. Proc. § 1322. § 1286 of said Code is repealed. [In effect July 1, 1874.] § 1287. The execution of a codicil, referring to a previous will, has the effect to republish the will, as modified by the codicil. § 1288. A nuncupative will is not required to be in writing, nor to be declared or attested with any formalities. How admitted to probate. Code Civ. Proc. § 1344. § 1289. 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 value the sum of one thousand dollars; 2. 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; 3. 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. [In effect July 1, 1874.] § 1290. 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 substance thereof, were reduced to writing within thirty days after they were spoken. Code Civ. Proc. § 1344. § 1291. 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. Code Civ. Proc. § 1345. § 1292. 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 testator, declaring 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, cancelled, obliterated, or destroyed, with the intent and for the purpose of revoking the same, by the testator himself, or by some person in his presence and by his direction. § 1293. When a will is cancelled or destroyed by any other person than the testator, the direction of the testator, |