any part of the estate for the purpose of increasing the
distributive share of the widow, but is to be estimated as part of such
heir's share of the property, after the allowance to the wife of her
interest.

[Sidenote: Where there are no heirs.]

If there be property remaining uninherited, it shall escheat to the
state. [Sec.3665.]

[Sidenote: Illegitimate children. Inherit from mother.]

Illegitimate children inherit from the mother and the mother from the
children. [Sec.3670.] A child born at any time during lawful wedlock is
presumed by the law to be legitimate, but where questions of inheritance
are involved, this presumption may be overcome by proof to the contrary.

[Sidenote: Inherit from father.]

They shall inherit from the father whenever the paternity is proven
during the life of the father, or they have been recognized by him as
his children, but such recognition must have been general and notorious
or else in writing. [Sec.3671.] The recognition in writing need not be a
formal avowal. Any writing, as by letter or otherwise, is sufficient.
For the purposes of inheritance an illegitimate child stands on exactly
the same footing as if it were legitimate after it has been recognized
by the father, and the birth and recognition of such child revoke a will
in the same manner as the birth of a legitimate child, subsequent to the
execution of the will.

[Sidenote: Father inherits from child.]

Under such circumstances, if the recognition of relationship has been
mutual, the father may inherit from his illegitimate children. [Sec.3672.]

CHAPTER IX.

HOMESTEAD AND EXEMPTIONS.

[Sidenote: Homestead exempt.]

Where there is no special declaration of the statute to the contrary,
the homestead of every family, whether owned by the husband or wife is
exempt from judicial sale, [Sec.3163.] A homestead right may exist in
property purchased under a bond for a deed, if payments have been made
and the purchaser is in possession. Actual occupancy is necessary to
invest property with the homestead character, but as the exemption right
is for the benefit of the whole family and not alone of the owner, the
fact that the head of the family is absent, and may even have acquired
property and residence in another state with the intention of removing
his family there, will not divest the homestead of its exemption right,
so long as the family continues to occupy it. And the fact that the
husband has abandoned t