Estates of Deceased Persons—Advancements.—In this state, the rules governing the subject of advancements are embraced in sections 1395-1399, 1309, and 1351 of the Civil Code.

Id.—Intent to Make Advancement—Written Form of Charge.—No special form, not even the signature of the decedent, is required to constitute a charge of the advancement in writing, as prescribed by section 1397 of the Civil Code. It is sufficient if it appears that the writing was done by the decedent and shows the intent to charge the money or property given, as an advancement, rather than as a gift or loan.

Id.—Declaration in Will.—There can be no written evidence of the intent to charge an advancement more convincing than an express statement to that effect in the last will of the decedent; and a declaration in the will of a testatrix that one of her sons, who was one of her heirs at law, had received property, by way of advancement, amounting to more than his share of the estate, is a sufficient charge in writing to constitute legal evidence of an advancement under .the code.

Id.—Construction of Will and Codicil—Death of Residuary Legatee —Exclusion from Participation in Entire Estate.—The testatrix by her will declared that one of her sons, who was one of her heirs at law, had received from her at different times, by way of advancement, certain property that was more than his share of her estate, “and therefore I leave to him nothing by this my last will, and declare that he has now no interest in my property and estate.” By the residuary clause of the will she left the remainder of her estate, in equal shares, to her four other sons, one of whom afterward died prior to her death, unmarried and without issue. After the death of such residuary legatee, and with knowledge of the fact of his death without issue, she executed-a codicil to her will, in which she expressly confirmed, ratified, and approved the statements of the will respecting the advancements made to the disinherited son. Held, that the legal effect of the codicil was the same as if the entire will with the changes made by the codicil had been executed on the date of the codicil, after the death of such residuary legatee, and that the statements respecting the advancements to such son excluded him from participation in any portion of her estate, including the one-fourth of the residue bequeathed by the will to the deceased residuary legatee.

Id.—Provisions op Code Affecting Advancements Apply to Cases op Testacy or Intestacy.—The provisions of the Civil Code in reference to advancements1 are not limited to eases where the decedent died wholly intestate. They apply as well to cases of testacy or partial intestacy.

Id.—Advancements Prior to Will—Intent op Testator—Declarations in Will Controlling—Partial Intestacy.—While, as a general rule, advancements made before the will was executed cannot "be considered in making distribution of the estate, the rule is inapplicable where the terms of the will itself show the contrary, and particularly where it expressly declares that a full advancement has been made, and it appears, as here, that the testatrix in making this declaration had in mind her entire estate, and the shares of each heir therein under the laws of descent, and that the intestacy, if any, did not occur because of ignorance of the extent of the property she owned, but either from inadvertence or design, or from a mistake as to the legal effect of the residuary clause.

Id.—Subsequent Declarations as Evidence op Testator’s Intent.— The rule that it is the intention of the decedent at the time the property is transferred to the heir apparent that determines whether it is an advancement or a gift, and that if it was then transferred and vested as a gift, a subsequent written declaration by the decedent, not part of the res gestae of the transaction, that it constituted or should be taken as an advancement, is of no force and is incompetent as evidence that it was an advancement, is subject to the qualification that if the subsequent declaration is contained in a legally executed and probated will, it is competent evidence of the advancement and must prevail. Such declaration then, in effect, becomes a part of the testamentary disposition of the estate, and is evidence of the original intent.

Id.—Assignment op Interest by Heir—Distribution to Transperee. An instrument in writing, executed by an heir at law of the testatrix, and filed in the proceeding for the distribution of her estate, formally assigning and transferring all Ms interest in the residue of her estate to the surviving residuary legatees, operated to transfer all his interest therein to the persons named, and authorized a distribution thereof to the transferees.