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SILVA v. SILVA et al.


Silva V. Silva Et Al.,

[Full Bench.]

Present : Sir Joseph T. Hutchinson, Chief Justice, Mr. Justice
Wood Renton, and Mr. Justice Grenier.

SILVA v. SILVA et al.

D. C. Kandy, 17,764.

Heirs, rights of- Administration-Concurrence of administrator unnecessary-Vesting of property in heir-Extent of administrator's title-Conveyance by minor-Ratification after attaining, majority.

    Title to immovable property belonging to the estate of a deceased person does not vest in the administrator of the estate of such person; and a conveyance by the heir of the deceased without the concurrence or assent of the administrator is valid, subject to the right of the administrator to deal with the property for purposes-of administration.

    HUTCHINSON C.J.-The personal representative retains the power to sell the property for the purposes of administration but his non-concurrence in the conveyance by the heirs does not otherwise affect its validity.

    GRENIER A.J.-On the death of a person his estate, in the absence of a will, passes at once by operation of law to his heirs, and the dominium vests in them. Once it so vests they cannot be divested of it, except by the severa

























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