Brown v. Sweat

THOMAS, J.:

The factual situation forming the basis for this litigation is presented by stipulation of counsel representing the respective parties. From it we learn that the appellant is the administrator of an estate which has not been closed and is also the sole heir of the decedent. In his capacity as administrator he now has possession of the property of the estate and is defendant in a suit in which recovery for a substantial sum is sought. Neither this claim nor any other has been filed against the estate. The only amounts “that can be paid out of said estate” are costs and fees…