13 Vt. 597 | Vt. | 1841
The opinion of the court was delivered by
The plaintiff sues as administrator of the estate of Stephen Upson, jr.,'one of the original grantees of the town ofWenlock, to recover the possession of lot
It is not necessary for us to say whether a court of law will disregard a letter of administration and declare it void, after so great a lapse of time as passed, in this case, between the' death of the intestate and the granting of the letter of administration, or whether, under the statute of 1821, in relation to the settlement of estates, a letter of administration would be necessary where the estate has descended to and been occupied by the heirs. The case of Hubbard v. Ricart, 3 Vt. R. 207., determined that after a short period of time had elapsed, the claim or lien of the administrator might be presumed to be at an end, as against the heirs. Before the year 1821, the heirs or devisees might, at any time, maintain an action of ejectment to recover lands belonging to their ancestor. The real estate descended to them immediately on the death of the ancestor. The administrator or executor had nothing to do with the real estate, except the' power given him by statute, to keep the same in repair, and to sell, under the directions of the probate court, for the payment of debts-and legacies. It never was considered or supposed that he could maintain an action of ejectment to dispossess the heirs, or to be let into possession with them.
In the case under consideration, the lot in question had descended to and become vested in the heirs, more than half a century before the granting the letters of administra- ■ tion, and while they, as well as the land, were subject to another government, and could not be devested by any act of the probate court, granting administration.
The judgment of the county court is reversed.