Brenham v. Story
Citations
- 39 Cal. 179
Syllabus
<p>Act Adthobizinq an Administbatob to Sell Beal Pboperty.—An Act of the Legislature authorizing an administrator to sell real property belonging to the estate of his decedent, except in satisfaction of the lien of creditors, for the support of the family, or to pay the expenses of administration, is unconstitutional.</p> <p>Estates of Deceased Persons__Heir.—Upon the death of the ancestor, the heir becomes vested at once with the full property, and his estate is indefeasible, except in satisfaction of the liens above mentioned and the temporary right of possession of the administrator, and the Legislature has no more right to order a sale of his vested interest in his inheritance than it has to direct the sale of the property of any other person acquired in any other way.</p> <p>Idem.—Administbatob—Duty of.—It is no part of the duty or authority of the administrator to manage the estate for the benefit of the estate or of the heirs; so far as they are concerned, it is his duty, simply, to preserve the estate until distribution.</p>
Judges: Temple
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18 cases in this archive cite this case.
- Bates v. HowardCalifornia Supreme Court· 1894-12-22· cited 57×
- Estate of Moore v. MooreCalifornia Supreme Court· 1887-05-24· cited 52×
- Murphy v. ClaytonCalifornia Supreme Court· 1896-06-05· cited 36×
- Spotts v. HanleyCalifornia Supreme Court· 1890-08-01· cited 28×
- Deschamps v. DeschampsMontana Supreme Court· 1922-11-27· cited 22×
- In re Estate of PackerCalifornia Supreme Court· 1899-07-18· cited 20×
- Smith v. OlmsteadCalifornia Supreme Court· 1891-04-03· cited 15×
- Estate of HoeglerCalifornia Court of Appeal· 1978-07-06· cited 10×
- Gossage v. Crown Point Gold & Silver Mining Co.Nevada Supreme Court· 1879-01-15· cited 10×
- McNeil v. First Congregational Soc'y of S.F.California Supreme Court· 1884-11-19· cited 9×
- Hinds v. WilcoxMontana Supreme Court· 1898-12-19· cited 9×
- Elder v. Horseshoe Mining and Milling Co.South Dakota Supreme Court· 1897-05-06· cited 9×
- Phelan v. DunneCalifornia Supreme Court· 1887-04-21· cited 3×
- Talbot v. GuiderSouth Dakota Supreme Court· 1935-05-20· cited 1×
- Paty v. SmithCalifornia Supreme Court· 1872-07-09
- Estate of BarrettCalifornia Superior Court· 1899-10-15
- Fink v. GrahamCalifornia Court of Appeal· 1978-07-06
- Estate of BlytheCalifornia Superior Court, San Francisco County· 1886-11-24
Cites
3 cases in this archive are cited by this case.
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