FIDUCIARY AMINISTRATION-EXECUTORS AND AMINISTRATORS-INVENTORY NOT A CONDITION PRECEDENT TO RECOVERY OF ASSETS

Authors

Carl S. Krueger S.Ed., University of Michigan Law SchoolFollow

Abstract

In a suit by an administrator to recover funds claimed to be part of the decedent's estate, the defendant's answer alleged that the suit had been commenced prior to compliance with a statute requiring an inventory of the assets of the estate. On appeal by the administrator from the trial court's holding that filing an inventory of a claim is a condition precedent to a suit thereon, held, reversed. While an inventory is the basis of subsequent probate proceedings, title to personal assets of the decedent vests in the administrator when he qualifies, and he may sue on claims of the estate even though they have not been inventoried. Lynch v. Skelly, 138 Conn. 376, 85 A.(2d) 251 (1951).

Recommended Citation

Carl S. Krueger S.Ed., FIDUCIARY AMINISTRATION-EXECUTORS AND AMINISTRATORS-INVENTORY NOT A CONDITION PRECEDENT TO RECOVERY OF ASSETS, 51 Mich. L. Rev. 303 (1952).
Available at: https://repository.law.umich.edu/mlr/vol51/iss2/15