Wilson's Admimistrator v. Dibble

Citations

• 16 Fla. 782

Syllabus

<p>1. Asheriff does not become an administrator ex-officio of an intestate estate until empowered by the probate court to act as such, and until that event lie can do not act, or consent to nothing, to bind the estate.</p> <p>2. A service of subpoena upon a sheriff, as ex-officio administrator, before he has been ordered by the Judge of Probate to take charge offthe estate of a deceased mortgagor, does not authorize a decree pro confesso.</p> <p>3. Where there is a total absence of parties against whom a decree can be ■ made, a plea in abatement should be sustained.</p>