Estates of Cronin

Citations

• 1 Myrick 252

Syllabus

<p>Distribution, where heir or devisee dies pending administration ; and the ESTATE OF SUCH HEIR OR DEVISEE IS UNSETTLED AT THE TIME OF DISTRIBUTION.— An executor or administrator is not a proper person to receive title and transmit the same. His duty and connection with estate lies simply in its administration for the payment of the debts. He cannot, therefore, properly be made a distributee of another estate. The true course should be to administer the estate of the heir or devisee, and distribute the interest which such decedent may have in the former estate to the proper parties, who may, when thus armed with their decree, apply for the share to which they may thereby be entitled in the estate of the first decedent as representing an heir or devisee thereof.</p> <p>Construing sections, C. C. P., 1665-6-7.</p> <p>Will.—Distribution.—Survivor.—Devise to two beneficiaries and to the survivor in case either died before distribution.</p> <p>Testatrix devised all her estate to her two daughters, share and share alike, with the provision that in case of the death of either before distribution, the survivor should take the whole estate. One daughter made a conveyance of her estate to a stranger and died before distribution.</p> <p>Held, that the surviving daughter took the entire estate to the exclusion of grantee of deceased daughter.</p> <p>Construing section, C. C., 1345.</p>