Form 198.-Affidavit to Prove Intention. State of } to wit: John Jones, being duly sworn, says that he is a citizen of the United States; that he is well acquainted with the above-named John Doe, and that the said John Doe has resided within the Territory of the United States for five years last past, and for one year last past in the State of -; and that during such period he has behaved himself as a man of good moral character, attached to the principles of the Constitution of the United States and well disposed to the good order and happiness of the same; that for three years last past it has been bona fide the intention of the said John Doe to become a citizen of the United States, and that at the time the said John Doe arrived in the United States he had not attained his eighteenth year. JOHN JONES. 18-. " Sworn to in open Court, this day of JOHN SMITH, Clerk. State of Form 199.-Proof of Residence. -} to wit: Peter Smith and John Jones, being duly sworn, say that they are both of them citizens of the United States of America; that they know John Doe, and that he has resided within the Territory and jurisdiction of the United States for five years last past; that during that time he has behaved as a man of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the same. Sworn in open Court, this- day of PETER SMITH. - 18-, before me, - Judge. Form 200.-Oath. I, John Doe, do solemnly swear that I will support the Constitution of the United States of America, and that I do absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, State or sovereignty whatever, and particularly to [Victoria, Queen of the United Kingdom of Great Britain and Ireland], of whom I was a subject. [Any title or order of nobility must also be renounced.] JOHN DOE. Sworn in open Court, the day of - 18-, before me, Form 201.-Certificate of Citizenship. [BANCROFT'S BLANK, No. 264.] John Doe , of our Lord, one thousand eight hundred and appeared in the Court (the said Court being a Court of Record, having common-law jurisdiction and a Clerk and seal), and applied to the said Court to be admitted to become a citizen of the United States of America, pursuant to the provisions of the several Acts of the Congress of the United States of America, for that purpose made and provided; and the said applicant having thereupon produced to the Court such evidence, made such declaration and renunciation, and taken such oaths as are by the said Acts required; thereupon, it was ordered by the said Court that the said applicant be admitted, and he was accordingly admitted by the said Court to be a citizen of the United States of America. In testimony whereof, the seal of said Court is hereunto affixed, this day of one thousand eight hundred and As people sometimes desire to dispose of their property by will when circumstances might prevent their calling upon an attorney to draw such a document, for convenience in such cases short forms of wills are here presented; premising that wills should be drawn with great care and should distinctly state the exact intentions of the testator respecting the disposition of the property bequeathed; be cause if it be shown to the Court that the testator was of sound mind, and acted voluntarily when the will was made, the intention of the testator, as shown by the will, will be carried into effect by the Court; unless the testator failed to give anything whatever to some legal heir, in which case, the will might be set aside. The testator must be of sound mind at the time of making the will, and must act freely and voluntarily and with the intention of making the will. He should sign it in the presence of two or more witnesses, who should also sign it, at the testator's request and in his presence, and add to their signatures the places of their residence respectively. Any person, having made a will, can revoke it at any time thereafter; or can add to or change it, by a subsequent will, known in law as a codicil. Form 202.-Short Form of Will. In the name of God. I, John Doe, of the town of Santa Rosa, in the county of Sonoma, and State of California, being of sound mind and memory, and considering the uncertainty of life, do hereby make, ordain, publish, and declare this to be my last will and testament: That is to say; First. After all my lawful debts are paid and discharged, and the expenses of my funeral shall have been paid, the residue of my estate I give, bequeath, and dispose of as follows, to wit: [To my beloved wife, the land and appurtenances situated thereon, known and described as [Here describe the property by name, or by metes and bounds.] together with our present residence in the town of Santa Rosa, and one hundred shares of the capital stock of the Bank of California, now possessed by me, during the term of her natural life, and after her death, to be equally divided among my heirs; To my son George, one hundred other shares of the capital stock of the Bank of California possessed by me, and the farm known as the "Dairy Farm," on Petaluma creek, in this county; To my daughter Mary, one hundred shares of the capital stock of the Nevada Bank, of San Francisco, possessed by me, together with one hundred shares of the capital stock of the Standard Mining Company, the said mine being located at Bodie, California; and all the rest, residue and remainder of my real and personal estate, I give and bequeath to my other children and their heirs, who may be living at the time of my decease, to be divided equally between them share and share alike.] I do hereby make, constitute, and appoint my said son George, and my beloved friends C. B. Langdon and William Seawell, to be executors of this my last will and testament, hereby revoking all former wills by me made. In witness whereof I have hereunto subscribed my name, and affixed my seal, this seventh day of January, A. D. 1880. JOHN DOE. [SEAL.] The above instrument was subscribed by the above-named John Doe in our presence, and acknowledged by him to each of us; and at the same time he published and declared the said instrument so subscribed, to be his last will and testament, and we, at the testator's request and in his presence, have signed our names as witnesses thereto, and written opposite our names our respective places of residence. JOHN JAMES, Petaluma, Sonoma County, Cal. Form 203.-Codicil to a Will. Whereas I, John Doe, of the town of Santa Rosa, County of Sonoma, and State of California, did make my last will and testament in writing bearing date the seventh day of January, A. D. 1880, in and by which I have given and bequeathed to my son George one hundred shares of the capital stock of the Bank of California possessed by me, together with the farm known as the "Dairy Farm," on Petaluma Creek, in this county; and to my daughter Mary one hundred shares of the capital stock of the Nevada Bank of San Francisco possessed by me, together with one hundred shares of the capital stock of the Standard Mining Company, the said mine being located at Bodie, Cal.: Now, therefore, I do, by this my writing, which I hereby declare to be a codicil to my last will and testament, and to be taken as a part thereof, order and declare that my will is, that after the said legacy to my beloved wife, all the residue of my real and personal estate shall be divided equally between my several children, share and share alike. In witness whereof, etc. [The codicil should be executed with the same formalities as to witnesses, their residences, etc., as the original will.] Under the California Civil Code, an "olographic" will may be made by any person capable of disposing of property, which will have a construction as if made in the most solemn form. The Code says: "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." Form 204.-Declaration of Homestead. Know all men by these presents, that I, S. W. Powell, of the town of Bodie, County of Mono, and State of California, am married and the head of a family; that I do hereby certify and declare that I now reside upon and claim as a homestead for myself and my said family, under ånd by virtue of the laws of said State in such case made and provided, the following described lot, piece, and parcel of land, situated in said town of Bodie, to wit: Commencing at [Here set out a careful description of the property claimed as a homestead.] together with, all and singular, the tenements, hereditaments, and appurtenances thereunto belonging or in any wise appertaining; and that I estimate the cash value of said land and appurtenances at five hundred dollars. In witness whereof, I have hereunto set my hand and seal this eleventh day of November, A. D. 1879. S. W. POWELL. The declaration should be acknowledged before some officer authorized to take the acknowledgment of deeds, and recorded in the office of the County Recorder of the county in which the homestead is situated. Form 205.-Abandonment of Homestead. Know all men by these presents, that we, John Jones and Sarah A. Jones, his wife, of the town of Chico, County of Butte, and State of California, do hereby abandon, release, and discharge from any and all claim by us as a homestead, the lot, piece, and parcel of land situated in said town of Chico and bounded and described as follows, to wit: Commencing at [Describe the land as it was described in the declaration of homestead, or correctly.] |
