Jahns v. Nolting

Citations

• 29 Cal. 507

Syllabus

<p>Right to Possession op Personal Estate of Deceased.—Under the Statute of Descents and Distributions in this State, the title to the personal estate of the deceased vests in the heir, but the administrator is entitled to the possession of the same, and this right of possession extends by relation back to the time of the death of the deceased.</p> <p>Action for Wrongful Taking of Personal Estate of Deceased.—The administrator may maintain an action for the wrongful conversion of the personal estate of the deceased, intermediate the death and issuance of letters.</p> <p>Same.—Such action may bo maintained against one who has embezzled or alienated the personal estate of the deceased, without the aid of section one hundred and sixteen of the Probate Act; and said section does not give a new right of action, but merely increases the damages.</p> <p>Same, where Complaint alleges Embezzlement.—If the complaint in such action alleges that the defendant embezzled, alienated, and converted to his own use the personal estate of the deceased, and prays for double damages, the plaintiff is entitled to recover double damages, if the proofs sustain the allegation; but if the proofs of such conversion fail to show that it took place intermediate the death and the grant of letters, the plaintiff's recovery should be as in an ordinary action of trover.</p> <p>Section One Hundred and Sixteen of Probate Act.—Section one hundred and sixteen of the Probate Act does not afford the exclusive remedy for embezzling and alienating the personal estate of the deceased, intermediate the death and grant of letters.</p> <p>Same.—Section one hundred and sixteen of the Probate Act is not a penal, but a remedial statute.</p> <p>Eight of Widow to give away Personal Property of Deceased.—A gift by the widow of the deceased of personal property of deceased, intermediate the death and issuance of letters of administration, does not confer upon the donee either title to or right to the possession of su