66 Cal. 476 | Cal. | 1885
The administrator of the estate of Mary Ann Greenwood, deceased, had authority to lease the real property of her estate during the period of administration, any lease for a term definite being subject to be terminated by final distribution of the estate, and the discharge of the administrator. The testimony of the witness Brumagim, administrator—the truth of which is assumed by the finding against the defendant upon the plea of the statute of limitations—was to the effect that it was agreed between him and McCauley that the latter should occupy the premises for ten years, at the rate of ten dollars a month, each month’s rent to be credited upon the sum of $1200, the estimated value of certain improvements placed upon the property by McCauley, and which, by the conditions of the prior lease, he would have the right to remove. The contract between the administrator and McCauley would not have been enforceable as a lease for a longer period than one year. But the latter continued to occupy for the full period of ten years, undisturbed by the representative of the estate, or by any other person. The estate was still in course of administration when
Judgment and order affirmed.