Bergin v. McFarland
Superior Court of New Hampshire
Writ of entry, to recover certain lands of which S. Bergin, deceased, father of the demandant, died seized. Upon the death of Samuel Bergin, his estate was decreed to be administered as an insolvent estate, and the administrators proceeded so to administer it. For a time the administrators rented the said real estate.
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Writ of entry, to recover certain lands of which S. Bergin, deceased, father of the demandant, died seized. Upon the death of Samuel Bergin, his estate was decreed to be administered as an insolvent estate, and the administrators proceeded so to administer it. For a time the administrators rented the said real estate. In the meantime, they petitioned for and obtained a license from the court of probate to sell said real estate, proceeded to advertise and sell, and in pursuance of the sale, conveyed the same to the tenants, or those under whom they claim, who thereupon entered upon said…
1Opinion of the CourtBell, J.
At common law, the real estate of a deceased owner at once vested in the heir at law or devisee. As such, the heir or devisee was at once entitled to maintain any action, real or personal, which he might find necessary for the protection of his rights. Bean v. Moulton, 5 N. H. Rep. 450. .The personal representative of the deceased had, as such, no rights whatever, connected with the real estate. His duties and his powers were entirely confined to the personal estate and choses in action of the deceased. Gibson v. Farley, 16 Mass. 280.
By an early British statute, lands in the colonies were…
2Cases cited5 opinions
- Wolcot v. KnightMassachusetts Supreme Judicial Court · 1810
- Gibson v. FarleyMassachusetts Supreme Judicial Court · 1820
- Bailey v. MarchSuperior Court of New Hampshire · 1825
- Webster v. ElaSuperior Court of New Hampshire · 1831
- Bean v. MoultonSuperior Court of New Hampshire · 1831
3Cited by2 opinions
- Carter v. JacksonSupreme Court of New Hampshire · 1876
- Carter v. JacksonSupreme Court of New Hampshire · 1876