[Sidenote:  Surrender of child.]

In case it shall be shown to any judge of a court of record, or to the mayor, or to any justice of the peace, within such city or town, that the father of any child is dead, or has abandoned his family, or is an habitual drunkard, or imprisoned for crime, and the mother of such child is an habitual drunkard or is in prison for crime, or the inmate of a house of ill-fame, or is dead or has abandoned her family, or that the parents of any child have abandoned or neglected to provide for it, then such judge, mayor, or justice of the peace may, if he thinks the welfare of the child requires it, surrender such child to said home. [Sec.3504]

[Sidenote:  Home becomes guardian.]

When a child has been surrendered to any home for the friendless according to the provisions of these sections, such home becomes the legal guardian of such child, and may exercise the rights and authority of parents over such children and may apprentice or provide for the adoption of the same. [Sec.3505.]

CHAPTER VII.

WILLS AND LETTERS OF ADMINISTRATION.

[Sidenote:  Who may make wills.]

[Sidenote:  Of what property]

Any person of full age and sound mind may dispose, by will, of all his property except what is sufficient to pay his debts, or what is allowed as a homestead, or otherwise given by law as privileged property to his wife and family. [Sec.3522.] The validity of a will depends upon the mental capacity of a testator and the fact that he was uninfluenced in making the disposition of his property.  If it appears that the testator was incapable of exercising discretion and sound judgment and of fully realizing the effect and consequences of the will, though he may not be absolutely insane, he will not be in such mental condition that he can make a legal will.  If he is of weak mind and it appears that he was imposed upon or unduly influenced, such facts will invalidate the will.  A testator having testamentary capacity may dispose of his property in any manner, and to any person he may choose, and may deprive his heirs of any share in his estate, without any explanation or any express declaration of disinheritance.  The fact that a will is unjust and unreasonable, in the absence of proof of undue influence, or insufficient capacity, will not render the will void.

[Sidenote:  Subsequent property.]

Property to be subsequently acquired may be devised when the intention is clear and explicit. [Sec.3523.] If the intention to convey property acquired after the execution of the will is apparent or may be inferred from a fair construction of the language used, it will be sufficient, although the intention may not be directly expressed.

[Sidenote:  Verbal wills.]

Personal property to the value of three hundred dollars may be bequeathed by a verbal will, if witnessed by two competent witnesses. [Sec.3524.]