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>