A grant made by the owner of an estate for life or years, purporting to transfer a greater estate than he could lawfully transfer, does not work a forfeiture of his estate, but passes to the grantee all the estate which the grantor could lawfully transfer.
Cal. Civ. Code § 1108
Effect of Transfer
Applied in 1 court decision — leading case Giacomelos v. Bank of America (1961)
Most recently applied in Giacomelos v. Bank of America (May 1961)
Enacted 1872.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.