Administration
A New Law Dictionary and Glossary · Alexander M. Burrill · 1850
A New Law Dictionary and Glossary
[Lat ddministratio, q. v.] The management of the estate of an intestate, or of a testator having no executor.
2 Bl. Com. 496. 2 Steph. Com, 232. 2 Kent's Com. 409.
2 Meeves' Hist. Eng, Law, 387: The right to the mam^ement of such an estate, conferred by what are termed letters of administration, (q. v.) Used in this sense in the common expressions ** to grant administration," " to take out administration." This word, though' ordinarily confined in its application to the management of an e»- 6 tate by an admirdstrator^ properly so called, includes also, in a larger sense, management by an executor; the strictly corresponding term execution not being in use. Anciently, on the contrary, executio was the general term, applicable to administrators as well as executors. See Executio bonorum. Administration cum testamento annexo, L. Lat. Administration with the will annexed. Administration granted in cases where a testator makes a will, without naming any executors; or where the executors who are named in the will are incompetent to act, or refuse to act; or in case of the death of the executors, or the survivor of them.
2 BL Com, 503, 504. 2 N. T, Bev. Stat, [71], 15, § 14.
Administration de bonis non, or de bonis nan administratis. Administration of the goods not administered. Administration granted for the purpose of administering such of the goods of a deceased person as were not administered by the former executor or administrator.
2 J?/. Com. 506.
Administration durante absentia
Administration during absence
Administration granted during the absence of an executor.
2 Bl Com, 503. 1 Lutw. 342. See 8 Cranchf 9.
In New- York, this is a case for granting special letters ad colligendum, 2 Bev, Stat, [76], 19, § 38.
Administration durante minore estate
Administration during minority
Administration granted during the minority of an executor.
2 Bl. Com, 503. 5 Co. 29, 30.
In New- York, this is a case for granting administration cum testamento annexo, 2 Bev, Stat, [69], 13, § 3.
Id. [71], 15, § 14.
Administration pendente lite
Administration during the suit. Administration granted during the pendency of a suit touching the validity of a will.
2 Bl. Com. 503.
In New- York, this is a case for granting special letters ad colligendum, 2 Bev, Stat, [76], 19, § 38.