O'Connor v. Chiascione

In O'Connor v. Chiascione, 130 Conn. 304, 33 A.2d 336 (1943) the Court ultimately concluded that an administrator of an estate "can make no lease which will run beyond the settlement of the estate" because (1) "the right of possession and control is in an administrator only as a fiduciary for those interested in the estate" and (2) that right "ceases at the settlement of the estate . . . ." Although that conclusion is not relevant to the present case, the reasoning employed by our Supreme Court is. In contemplating the right of possession and control, the Court stated that "on the death of the decedent, title to the decedent's real estate at once passes to his heirs, subject to being defeated should it be necessary for the administration of the estate that it be sold by order of the court, and subject to the right of the administrator or executor to have 'possession, care and control' of it during the settlement of the estate, unless the probate court shall otherwise order." Id.