Colyer v. Huntley

It is conceded that under the common law realty can not be sold to pay such expense of administra*335tion. Then all statutes modifying or changing the common law must be strictly construed. “Upon the death of the owner of any estate in realty, which survives him, title vests immediately in his heirs at law.” Civil Code (1910), § 3929. Section 4062 provides compensation to administrators and executors, and on what such commissions are allowed, to wit: “On all sums of money received by him on account of the estate (except money loaned by him and repaid to him) . . such commissions are a part of the…