Page:United States Statutes at Large Volume 47 Part 1.djvu/1205

 72d C ONGRESS. SESS. II. CH. 128 . FEB RUARY 27, 1933 . received is le ss th an his share, he is entitled to so much more as wi ll give him his full share of •the estate of the decedent. SEC. 413 . WHAT ARE ADVANCEMENTS .-All gifts and grant s are mad e as advancements, if expressed in the gift or gra nt to be so made, or if cha rged in wr iting by the de ceden t as an ad vance ment, or acknowledged in writing as such, by the child or other successor or heir. SEC, 414. VALUE OF ADVANCEMENTS, HOW DETERMINED .-If the va lue of the estate so advanced is expressed in the grant, or in the charge thereof made by the decedent, or in the acknowledgment of the party receiving it, it must be held as of that value in the division and distribution of the estate ; ot her wi se, it must be estimated according to its value when given, as nearly as the same can be ascertained. SEC . 415. WHEN HEIR, ADVANCED T O, DIES BEFOR E DEC EDENT .-If any child, or other heir receiving advancement, dies before the decedent, leaving heirs, the advancement must be taken into consideration in the division and distribution of the estate, and the amount thereof mu st be allowed accordingly by the representatives of the heirs receiv- ing the advancement, in like manner as if the advancement had been made directly to them. SEC. 416. INHERITANCE OF HUSBAND AND WiFiti FROM EACH OTHER. - The provisions of the preceding sections of this chapter, as to the inheritance of the husband and wife from each other, apply only to the separate property of the decedents. SEC. 417. COMMUNITY PROPERTY ON DEATH OF srousB.-Upon the death of either husband or wife, one ha lf of the community property belon gs to the survi ving spous e ; the other half is subject to the testamentary disposition of the decedent, and in the abs en ce th ere of go es to the surviving spouse, subject to the provisions of section 418 . SEC. 415. COMMUNITY PROPERTY SUBJECT TO ADMIN ISTRA TION ; EXCEP- TION ; HUSBAND'S CONTROL AFTER DEATH OF W IB's.--Community property passi ng fr om the con trol of the hus band by re ason of his dea th is subject to administration, his debts, family allowance, and the charges and expenses of administration : Pr ov i de d, however, Th at the cloth- ing of the decedent and the household eff ec ts not exceeding in val ue $2,50 0 sha ll go to the su rvivi ng wi fe wi thout admi nistr ation , and shall not be sub ject to the deb ts and all owanc e afo resai d. Community property passing from the control of the husband by virtue of testamentary disposition by the wife is subject to adminis- tration, his debts, and the charges and expenses of administration, but the hus ba nd, pending administration, sh all retain the sam e pow er to se ll, manage and dea l wit h the community personal property as he had in her lifetime ; and his possession and control of the com- munity property shall not be transferred to the personal represent- ative of the wife, except to the extent necessary to carry her will into effec t. Ca ose REFERENCE Community property, defined, see sections 119 and 202. SEO. 419 . INHERITANCE BY REPRESENTATION .-Inheritance or suc- cession "by right of representation" takes place when the descend- ants of any dec eased heir take the same share or r ight in the est ate of another person that their parents would have taken if living. Posthumous children are considered as living at the death of their parents. SEC. 420. ALIE NS MAY INH ERUr, wHEN , AND HO W .-Resident aliens may take in all case s by succe ssion as citizens ; and no person ca pa ble of succeeding under the provisions of this chapter is precluded =1 .n. What are. 1181 Value of, how deter- mined. Whe n heir, adva nced to, predeceases dece- den t. Inheritance of hus- band and wife from each other. Community pr op arty on death of spouse. Subject to adminis- trati on. Proviso. Clothing, household effects. etc. Control of husband after wife's death. Ante, pp. 1139, 1154. I nheri tanc e by repre - sent suon. I:u.e :itmce i ;. .1 :ens I I I