Chapman v. Hollister

Citations

• 42 Cal. 462

Syllabus

<p>Vacancy in Administration—Grantee of Devisee not Entitled to Possession.—Where a widow, who was both devisee and executrix, married, and she and her husband then deeded the land devised; held, that though the marriage may have operated as a revocation of the letters testamentary, yet there was an unclosed administration, and. the grantee was not entitled to possession.</p> <p>Heir or Devisee cannot Maintain Ejectment while Administration Unclosed.—If letters be regularly granted, and the Probate Court acquire jurisdiction over an estate, though a vacancy occurs in the office of executor or administrator, the heir or devisee cannot maintain ejectment during such vacancy as long as the administration remains unclosed.</p>