or city where such home is located, may, in
his discretion, surrender such child to said home. [Sec.3503.]

[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 pro