ness of to

in

185

, in conformity with the provisions of an act of the legislature, entitled "An Act supplementary to, and amendatory of an Act to provide Revenue for the Support of the Government of this State," passed April 29th, 1857. Approved April 17th, 1858.

Received of

Anditor. 185.

license, and also one dollar for the fees of the auditor and treas

State of California,

City and County of San Francisco, }

185 to.

for

having paid into the city and county treasury fifteen dollars, license is hereby granted to sell spirituous and other liquors, in less quantities than one quart, at three months, from 185 in conformity with the provisions of an act of the legislature, entitled "An Act supplementary to, and amendatory of an Act to provide Revenue for the Support of the Government of this State," passed April 20th, 1857. Approved April 17th, 1858.

Received of

Auditor. 185

the sum of fifteen dollars for the above license, and also one dollar for the fees of the auditor and treas

urer.

By

Treasurer.
Deputy.

1st, 1859.

Municipal License, for the Quarter ending

City and County Auditor's Office,
San Francisco,

having produced a receipt of the city and county
dollars, license is hereby granted

treasurer for the sum of

of the

class,

to transact the business of in conformity with the provisions of an order of the board of supervisors, "Authorizing and Regulating the issue of City and County Licenses." (Approved Sept. 15, 1858.)

City and County Auditor.

This license must be posted up in some conspicuous part of your place of business.

STATEMENT OF

Application for a State License.

DOING BUSINESS IN THE CITY AND COUNTY OF SAN
FRANCISCO, AS A PASSENGER BROKER.

Actual aggregate amount of gross receipts for the
transportation of passengers on the ocean, from
2d of
Less the estimated receipts in previous statement,

to 2d of

185

$

2d

Estimated gross receipts for transportation of passengers on the ocean, from 2d of

to

of

185

of the state, city and county afore

said, who being duly sworn, says that he is

and that

which is

A. B.

the foregoing statement is true, except as to the estimated amount of receipts from and after the 2d of only a matter of conjecture, and further deponent says not. Subscribed and sworn before me,

this day of ,185

City and County Auditor.

In pursuance of the provisions of "An Act to provide for the issuing of Licenses to Passenger Brokers." Approved March 25, 1857.

, having this day paid into the city and county treasury of San Francisco, for the use of the general fund of the state of California, the sum of dollars, being in conformity with the statement of the auditor of the city and county, on file in this office, license is hereby granted to pursue the business of passenger broker in the said city and county, for the term of one month from the second day of

second day of

Order for Passenger Broker's License.

City and County Auditor's Office,
San Francisco,

Wm. H. Tillinghast, City and County Treasurer:

Upon the receipt of the sum of

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

to 2d of

185

of Less the estimated receipts in previous statement,

Estimated gross receipts for transportation of passengers on the ocean, from 2d of

185

$

to 2d of

$

$

In accordance with an act of the legislature, approved 25th March, 1858.

47

City and County Auditor.

CHAPTER XXXVIII.

WILLS.

Ir 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

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. 3565.

2 id. 3572.

3 id. 8564.

4 id. 3575.
id. 2224, 2992.