Dokus v. Lawrence

Memorandum of decision on demurrer.

MELLITZ, J.

The question raised by the defendant’s de*73murrer to the complaint is whether real estate, allegedly conveyed by the plaintiff’s decedent while he was mentally incompetent, and as a result of fraud practiced by the defendant, may be recovered in an action by the plaintiff administrator, in the absence of an allegation that the property is required for the payment of debts.

The real estate of an intestate decedent vests at once, at death, in his heirs. An administrator has no title to it, although he may bring it within the scope of his administration…