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Adminiculator

Defined in 4 dictionaries — Cyclopedic (1922), Black's (1910), Black's (1891), Burrill (1850)

The Cyclopedic Law Dictionary

Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

An officer In the Romish church, who administered to the wants of widows, orphans, and afflicted persons. Spelman. ADMINICULUM (Lat.)

In the civil and old English law. Aid or support; sometimes rendered adminicle (q. v.) Juris adminiculum, the support of the law. Dig. 26. 7. 39. 9. Cum juris adminiculo concurrente, with the support of right concurring. Bracton, fol. 38b. Cumulative or corroborative testimony. That which belongs to a thing as accessory. 1 Mackeld. Civ. Law, 347, note (d). Whatever pertains to judicial proceedings, writs, records, etc. Fleta, lib. 2, c. 3, § 4. ADMINISTRATION (Lat. administra/re, to assist in). Management or control. Of Government. The management of the executive department of the government. Those charged with the management of the executive department of the government. Of Estates. The management of the estate of an intestate, or of a testator who has no executor. 2 Bl. Comm. 494. The also the management of estates of minors, lunatics, insolvents, etc., in those cases where trustees have been appointed by authority of law to take charge of such estate in place of the legal owners. The species of administration ares Ad Colligendum. That which is granted for collecting and preserving goods about to perish {bona peritura). The only power over these goods is under the form prescribed by statute. Ancillary. That which is subordinate to the principal administration, for collecting the assets of foreigners. It is taken out in the country where the assets are locally situate. Kent, Comm. 43 et seq; 1 Williams, Ex'rs, Am. Notes; 14 Ala. 329. Cum Testamento Annexe. That which is granted where no executor is named in the will, or where the one named dies, or is incompetent or unwilling to act. Such an administrator must follow the statute rules of distribution, except when otherwise directed by the will. Williams, Ex'rs; 2 Bradf. Sur. (N. Y.) 22. The residuary legatee is appointed such administrator, rather than the next of kin. 1 Vent. 217; 4 Leigh (Va.) 152; 2 Add. (Pa.) 352. De Bonis non. That which Is granted when the first administrator dies before having fully administered. The person so appointed has in general the powers of a common administrator. Bac. Abr. "Executors" (B 1); Rolle, Abr. 907; 22 Miss. 47; 27 Ala. 273; 9 Ind. 342; 4 Sneed (Tenn.) 411; 31 Miss. 519; 29 Vt. 170; 11 Md. 412. De Bonis non cum Testamento Annexe. That which Is granted when an executor dies leaving a part of the estate unadministered. Comyn, Dig. "Administrators" (B 1), Durante Absentia. That which subsists during the absence of the executor, and until he has proved the will. It is generally granted when the next of kin is beyond sea, lest the goods perish, or the debts be lost. In England, it is not determined by the executor's dying abroad. 4 Hagg. Ecc. 360; 3 Bos. & P. 26. Durante Minor! Aetate. That which is granted when the executor is a minor. It continues until the minor attains his lawful age to act, which, at common law, is seventeen years. Godolph. Orph. Leg. 102; 5 Coke, 29. Pendente Lite. That which is granted pending the controversy respecting an alleged will or the right of appointment. An officer of the court is appointed to take care of the estate only till the suit terminates. 2 P. Wms. 589; 2 Atk. 286; 2 Cas. temp. Lee, 258; 1 Hagg. Ecc. 313; 26 N. H, 533; 9 Tex. 13; 16 Ga. 13. He may maintain suits, but cannot distribute the assets. 1 Ves. Sr. 325; 2 Ves. & B. 97; 1 Ball & B. 192; 7 Md. 282. the states by statute in those cases where persons die intestate, not leaving ainy who are entitled to apply for letters of administration. 3 Bradf. Sur. (N. Y.) 151; 4 Bradf. Sur. (N. Y.) 252. Special. That which is limited either in time or in power. Such administration does not come under the statutes of 31 Edw.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

An officer in the Romish church, who administered to the wants of widows, orphans, and afflicted persons. Spelman.

A Dictionary of Law

Henry Campbell Black · 1891

An officer in the Romish church, who administered to the wants of widows, orphans, and afflicted persons. Spelman.

A New Law Dictionary and Glossary

Alexander M. Burrill · 1850

Lat. [from adminiculum, q. v.] An ofiicer in the Romish church, who administered to the wants of widows, orphans, and afflicted persona. Spelman.