The Probate Law and Practice of California: Containing All the Provisions of the Codes, of 1871-2, and Other Statutes Relating Thereto, with Judicial Decisioins of this and Other States, and an Appendix of Forms (Google eBook)

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A. L. Bancroft, 1873 - Probate law and practice - 388 pages
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Contents

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Page 350 - The father of an illegitimate child, by publicly acknowledging it as his own, receiving it as such, with the consent of his wife, if he is married, into his family, and otherwise treating it as if it were a legitimate child, thereby adopts it as such; and such child is thereupon deemed for all purposes legitimate from the time of its birth. The foregoing provisions of this chapter do not apply to such an adoption.
Page 312 - This controversy relates to the validity and effect of the seventh clause of his will, which is as follows : "I give, devise and bequeath all the rest, residue and remainder of my estate, both real and personal...
Page ccxxvi - And for the true performance of all and singular the covenants and agreements aforesaid, the said parties bind themselves, each unto the other, firmly by these presents.
Page 307 - ... and all dispositions of property made contrary hereto shall be void, and go to the residuary legatee or devisee, next of kin, or heirs, according to law...
Page 226 - Orders and decrees made by the court or a judge thereof, in probate proceedings, need not recite the existence of facts, or the performance of acts, upon which the jurisdiction of the court or judge may depend, but it shall only be necessary that they contain the matters ordered, or adjudged, except as otherwise provided in this title.
Page cxiii - ... less than four, nor more than ten weeks from the time of making such order, to show cause why an order should not be granted...
Page 47 - When the petition mentioned in the preceding section is filed the clerk of the court must set the petition for hearing by the court and give notice thereof by causing notices to be posted in at least three public places in the county, one of which must be at the place where the court is held...
Page 349 - A legitimate child cannot be adopted without the consent of its parents, if living, nor an illegitimate child without the consent of its mother, if living, except that consent is not necessary from a father or mother deprived of civil rights, or adjudged guilty of adultery or of cruelty, and for either cause divorced, or adjudged to be an habitual drunkard, or who has been judicially deprived of the custody of the child on account of cruelty or neglect.
Page cxliii - Now if there be no lawful cause to obstruct the said marriage then the above obligation to be void, else to remain in full force and virtue.
Page 307 - No estate, real or personal, shall be bequeathed or devised to any charitable or benevolent society, or corporation, or to any person or persons in trust for charitable uses, except the same be done by will duly executed at least thirty days before the decease of the testator...

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