Estate of Reddy

Citations

• 5 Coffey 405

Syllabus

<p>Estate of Decedent—Title of Heirs and Administrator to Land.— An administrator is in no sense the owner of the real property of his intestate; the title thereto vests in the heirs, and the administrator has only a lien thereon for the payment of debts and the costs of administration, and he acts only as agent or trustee for the heirs, who are the owners of the property.</p> <p>Estate of Decedent—Sale of Land by Administrator or Heirs.—An administrator cannot, even under an order of court so authorizing him, relinquish the title of his intestate to land within the forest reserve and select other land in lieu of it; but if the administration has so far advanced as to be clear of liabilities, then a deed by the sole heirs and devisees for this purpose will be valid.</p> <p>Estate of Decedent.—The Title of Devisees to the Land of the ancestor comes instantly upon his death; and, subject to the liens' of creditors and the temporary right of the administrator, they may at once dispose of the property.</p> <p>Estate of Decedent—Sale of Land Pending Administration.—Where, pending administration, the sole devisees, who are also the heirs and administrators, make a conveyance of a part of the land, as devisees and as administrators, the land remaining unsold should, if a probate sale afterward becomes necessary or expedient, be sold before the land that has been thus conveyed, and the grantees may contest a petition to sell the entire property.</p> <p>Judicial Sale—Estoppel to Deny Validity.—One who causes property to be sold under a void judicial proceeding, and retains the proceeds, cannot question its validity to the prejudice of others who have in good faith relied and acted upon it as valid.</p>