페이지 이미지
PDF
ePub

672. If a non-resident alien takes by succession, he must appear and claim the property within five years from the time of succession, or be barred. The property in such case is disposed of as provided in title eight, part three, Code of Civil Procedure.

[blocks in formation]

678. The ownership of property is either:
1. Absolute; or,
2. Qualified.

679. The ownership of property is absolute when a single person has the absolute dominion over it, and may use it or dispose of it according to his pleasure, subject only to general laws. 680. The ownership of property is qualified: 1. When it is shared with one or more persons; 2. When the time of enjoyment is deferred or limited; 3. When the use is restricted.

681. The ownership of property by a single person is designated as a sole or several ownership. 682. The ownership of property by several persons is either: 1. Of joint interests; 2. Of partnership interests; 3. Of interests in common; 4. Of community interest of husband and wife,

683. A joint interest is one owned by several persons in equal shares, by a title created by a single will or transfer, when expressly declared in the will or transfer to be a joint tenancy, or when granted or devised to executors or trustees as joint tenants.

684. A partnership interest is one owned by several persons, in partnership, for partnership purposes.

685. An interest in common is one owned by several persons, not in joint ownership or partnership.

686. Every interest created in favor of several persons in their own right is an interest in common, unless acquired by them in partnership, for partnership purposes, or unless declared in its creation to be a joint interest, as provided' in section six hundred and eightythree, or unless acquired as community property.

687. Community property is property acquired by husband and wife, or either, during marriage, when not acquired as the separate property of either.

688. In respect to the time of enjoyment, an interest in property is either:

1. Present or future; and, 2. Perpetual or limited.

689. A present interest entitles the owner to the immediate possession of the property.

690. A future interest entitles the owner to the possession of the property only at a future period.

691. A perpetual interest has a duration equal to that of the property.

692. A limited interest has a duration less than that of the property.

693. A future interest is either:
1. Vested; or,
2. Contingent.

694. A future interest is vested when there is a person in being who would have a right, defeasible or indefeasible, to the immediate possession of the property, upon the ceasing of the intermediate or precedent interest.

695. A future interest is contingent, whilst the person in whom, or the event upon which, it is limited to take effect remains uncertain.

696. Two or more future interests may be created to take effect in the alternative, so that if the first in order fails to vest, the next in succession shall be substituted for it, and take effect accordingly.

697. A future interest is not void merely because of the improbability of the contingency on which it is limited to take effect.

698. When a future interest is limited to successors, heirs, issue, or children, posthumous children are entitled to take in the same manner as if living at the death of their parent.

699. Future interests pass by succession, will, and transfer, in the same manner as present interests.

700. A mere possibility, such as the expectancy of an heir apparent, is not to be deemed an interest of any kind.

701. In respect to real or immovable property, the interests mentioned in this chapter are denominated estates, and are specially named and classified in part two of this division.

702. The names and classification of interests in real property have only such application to interests in personal property as in this division of the code expressly provided.

703. No future interest in property is recognized by the law, except such as is defined in this division of the code.

ARTICLE II.

Conditions of Ownership.

Section

Section 707. Fixing time, enjoyment. 710. Conditions restraining mar708. Conditions.

riage void. 709. Conditions precedent void. 711. Conditions restraining alien

ation void. 707. The time when the enjoyment of property is to begin or end may be determined by computation, or be made to depend on events. In the latter case, the enjoyment is said to be upon condition.

708. Conditions are precedent or subsequent. The former fix the beginning, the latter the ending, of the right.

709. If a condition precedent requires the performance of an act wrong of itself, the instrument containing it is so far void, and the right cannot exist. If it requires the performance of an act not wrong of itself, but otherwise unlawful, the instrument takes effect and the condition is void.

710. Conditions imposing restraints upon marriage, except upon the marriage of a minor, are void; but this does not affect limitations where the intent was not to forbid marriage, but only to give the use until marriage. 1873–218.

711. Conditions restraining alienation, when repugnant to the interest created, are void.

ARTICLE III.

Restraints Upon Alienation. Section

Section 715. How long may be suspended. 717. Lease, agricultural land. 716. Future interests void. 718. Time, lease, city lots, minor,

incompetent. 715. Except in the single case mentioned in section seven hundred seventy-two, the absolute power of alienation can not be suspended,

by any limitation or condițion whatever, for a longer period than as follows:

1. During the continuance of the lives of persons in being at the creation of the limitation or condition; or

2. For a period not to exceed twenty-five years from the time of the creation of the suspension, 1917—699.

716. Every future interest is void in its creation which, by any possibility, may suspend the absolute power of alienation for a longer period than is prescribed in this chapter. Such power of alienation is suspended when there are no persons in being by whom an absolute interest in possession can be conveyed.

717. No lease or grant of land for agricultural or horticultural purposes for a longer period than fifteen years, in which shall be reserved any rent or service of any kind, shall be valid; provided, that any land of a municipality used for agricultural or horticultural purposes and upon which is discharged sewage or waste water may be leased for a period not exceeding twenty-five years, 1915—349.

718. No lease or grant of any town or city lot for a longer period than ninety-nine years, in which shall be reserved any rent or service of any kind, shall be valid; provided, that the property of any municipality, or any minor or incompetent person, shall not be leased for longer period than ten years, excepting that the sewer farm of a municipality and all waters and sewage used or discharged thereon may be leased for a period not exceeding twenty-five years; and excepting that the tidelands and submerged lands granted to any city by the state, or any lands belonging to such city adjacent to such tidelands and submerged lands, may be leased for a period not exceeding forty years if the grant from the State of California of the use of said tidelands and submerged lands does not provide specifically for a term of years for which said lands may be leased. Said tidelands and submerged lands and lands adjacent thereto can only be leased for industrial uses, the purpose of improvement and development of the harbor of said city, and the construction and maintenance of wharves, docks, piers or bulkhead piers or for other public uses and purposes consistent with the requirements of commerce or navigation at said harbor. 1917--798. .

ARTICLE IV.

Accumulations. Section

Section 722. Income, disposition.

725. Other directions, when void 723. Accumulations, when void.

in part. 724. Accumulation of income. 726. Application of income to

722. Dispositions of the income of property to accrue and to be received at any time subsequent to the execution of the instrument creating such disposition, are governed by the rules prescribed in this title in relation to future interests.

723. All directions for the accumulation of the income of property, except such as are allowed by this title, are void.

724. An accumulation of the income of property, for the benefit of one or more persons, may be directed by any will or transfer in

writing sufficient to pass the property out of which the fund is to arise, as follows:

1. If such accumulation is directed to commence on the creation of the interest out of which the income is to arise, it must be made for the benefit of one or more minors then in being, and terminate at the expiration of their minority; or,

2. If such accumulation is directed to commence at any time subsequent to the creation of the interest out of which the income is to arise, it must commence within the time in this title permitted for the vesting of future interests, and during the minority of the beneficiaries, and terminate at the expiration of such minority.

725. If in either of the cases mentioned in the last section the direction for an accumulation is for a longer term than during the minority of the beneficiaries, the direction only, whether separable or not from other provisions of the instrument, is void as respects the time beyond such minority. .

726. When a minor for whose benefit an accumulation has been directed is destitute of other sufficient means of support and education, the proper court, upon application, may direct a suitable sum to be applied thereto out of the fund..

CHAPTER III.

Rights of Owners.

Section

Section 732. Increase of property.

733. In certain cases who entitled

to income of property. 732. The owner of a thing owns also all its products and accessions.

733. When, in consequence of a valid limitation of a future interest, there is a suspension of the power of alienation or of the ownership during the continuation of which the income is undisposed of, and no valid direction for its accumulation is given, such income belongs to the persons presumptively entitled to the next eventual interest.

CHAPTER IV.

Termination of Ownership.

Section
739. Future interests, lost.
740. Same.

Section
741. Future interests, not lost.
742. Future interests, same.

739. A future interest, depending on the contingency of the death of any person without successors. heirs, issue, or children, is defeated by the birth of a posthumous child of such person, capable of taking by succession.

740. A future interest may be defeated in any manner or by any act or means which the party creating such interest provided for or authorized in the creation thereof; nor is a future interest, thus

« 이전계속 »