Fowler v. Miller

Citations

• 119 Cal. 663
• 51 P. 1078
• 1898 Cal. LEXIS 693

Syllabus

<p>Estates of Deceased Persons—Riqht of Administration—Transfer of Title by Heirs—Improper Revocation of Letters.—The heirs of a deceased person, who died without debts, or other estate, cannot, by consent that there shall be no administration oí real property belonging to the decedent, and by transfer of their title in such real estate, dispense with the rights of administration thereupon; and where letters of administration upon such real property were granted to the public administrator six years after the death of the decedent, the court cannot revoke his letters and set aside the proceeding for administration, because of such agreement and transfer on the part of the heirs, and upon the ground that there was no occasion for administration upon the said estate.</p> <p>Id.—Statutory Construction—Object of Administration—Probate Pro- ■ ceedings Statutory and Special—Jurisdiction—Improper Dismissal-Rights of Administrator.—The whole subject matter of dealing with the estates of deceased persons is one of statutory regulation, and the policy and intent of the statute is to subject estates of deceased persons to administration, for the purpose of ascertaining and protecting the rights of creditors and heirs and properly transmitting the title of record, and there is no other method of conclusively determining the existence or nonexistence of heirs or creditors; and the proceedings for administration being statutory and special in their nature, the jurisdiction of the superior court over them is circumscribed by the provisions of the statute conferring such jurisdiction, and it cannot competently proceed in a manner essentially different from that provided by statute, nor dispense with further proceedings nor deprive the administrator of his right to compensation and reimbursement of costs and expense of administration by an order setting aside and dismissing the proceedings.</p>