Lew You Ying v. Lew Kay

(concurring*) — I concur in the foregoing opinion, but desire to call attention to one phase of the case which was not discussed in the briefs, that is, the possible necessity for administration upon the estate of Lew Wa Hoo.

While it is true that, under the law of this state (Rem. Rev. Stat., § 1366), real property vests immediately in the heir upon the death of the ancestor, it has never been held that, under Rem. Rev. Stat., § 785, referred to in the foregoing opinion, an heir may maintain an action for the possession of real estate without alleging that no necessity for administration of…