De Bonis Non

See "Administration." DE BONIS NON ADMINISTRATIS (Law Lat. of the goods not administered). Where the administration of the estate of an intestate is left unfinished, in consequence of the death, removal, etc., of the administrator, and a new administrator is appointed, the latter is termed an administrator de bonis non; i. e., of the goods of the deceased not administered by the former administrator. 2 Steph. Comm. 243. An administrator of this kind is also sometimes appointed to succeed an executor. Id. DE BONIS NON AMOVENDIS (Law Lat.) Writ for not removing goods. A writ anof error was brought by a defendant against whom a judgment was recovered, to see that his goods and chattels were safely kept without being removed, while the error remained undetermined, so that execution might be had of them, etc. Reg. Orig. 131b; Termes de la Ley. This seems to have been a local writ. DE BONIS PROPRIIS (Lat. of his own goods). A judgment against an executor or administrator which is to be satisfied from his own property. When an executor or administrator has been guilty of a devastavit, he is responsible for the loss which the estate has sustained de bonis propriis. He may also subject himself to the payment of a debt of the deceased de honis propriis by his false plea when sued in a representative capacity; as, if he plead plene administravit, and it be found against him, or a release to him when false. In this latter case the judgment is de bonis testatoris si, et si non de honis propriis. 1 Wm. Saund. 336b, note 10; Bac. Abr. "Executor" (B 3). DE BONIS TESTATORIS (Lat. of the goods of the testator). A judgment rendered against an executor which is to be satisfied out of the goods or property of the testator. Distinguished from a judgment de bonis propriis. DE BONIS TESTATORIS AC SI (Lat.) From the goods of the testator, if he has any, and, if not, from those of the executor. A judgment rendered where an executor falsely pleads any matter as a release, or, generally, in any case where he is to be charged in case his testator's estate is insuf Bcient. 1 Wm. Saund. 366b; Bac. Abr. "Executor" (B 3); 2 Archb. Prac. 148. DE BONO ET MALO (Lat. for good or ill). A person accused of crime was said to put himself upon his countrjr de bono et mala. The French phrase de bien et de mal has the same meaning. A special writ of gaol delivery, one being issued for each prisoner; now superseded by the general commission of gaol delivery. 4 Bl. Comm. 270.

See Executors and Ad- the release of a person who had been taken ministrators. on a writ of de excommunicato capiendo (q. v.) and who was willing to purge himself of DE BONIS PROPRIIS (Lat of his own goods). A judgment against an executor or contumacy. administrator which is to be satisfied from DE CERTIFICANDO. A writ requiring a his own property. thing to be certified. A kind of certiorari. When an executor or administrator has Reg. Orig. 152. been guilty of a devastavit, he is responsible DE COMMUNI DIVIDENDO. In Civil for the loss which the estate has sustained Law. A writ of partition of common propde bonis propriis. He may also subject him- erty. See Communi Dividendo. self to the payment of a debt of the deceased DE C0MPUT0. Writ of account. A writ de bonis propriis by his false plea when sued commanding a defendant to render a reasonin a representative capacity; as, if he plead able account to the plaintiff, or show cause plene administravit and it be found against to the contrary. The foundation of the modhim, or a release to himself when false. In ern action of account. Blount; Registr. Br. this latter case the judgment is de bonis testa tori s si, et si non, de bonis propriis. 1 135. Wms. Saund. 336 6, n. 10; Bacon, Abr. Exec- DE CONTUMACE CAPIENDO. A writ utor (B, 3). issuing from the English court of chancery for the arrest of a defendant who is in con- DE BONIS TESTATORIS (Lat. of the tempt of the ecclesiastical court. 1 N. & P. goods of the testator). A judgment rendered 685; 5 Dowl. 213, 646; 5 Q. B. 335. against an executor which is to be satisfied out of the goods or property of the testator; DE CURIA CLAUDENDA (Lat. of enclosdistinguished from a judgment de bonis pro- ing a court). An obsolete writ, to require a defendant to fence in his court or land about priis. his house, where it was left open to the in- DE BONIS TESTATORIS AC SI (Lat. jury of his neighbor's freehold. 1 Crabb, from the goods of the testator, if he has any, R. P. 314; Rust v. Low, 6 Mass. 90. and, if not, from those of the executor). A judgment rendered where an executor falsely DE CURSU. See Cursitor. pleads any matter as a release, or, generally, DE D0M0 REPARANDA (Lat). The in any case where he is to be charged in case name of an ancient common-law writ, by his testators estate is insufiicient. 1 Wms. which one tenant in common might compel Saund. 306 b; Bacon, Abr. Executor (B, 3); his co-tenant to concur in the expense of re- 2 Archb. Pr. 148. pairing the property held in common. 8 B. & C. 269; 1 Thomas, Co. Litt. 216, note 17, DE BONO ET MALO (Lat. for good or ill). A writ which apparently allowed a person and p. 787. to be delivered from gaol if he were willing DE D0NIS, THE STATUTE (more fully, to put himself upon a jury. The French De Donis Conditionalibus; concerning condiphrase de bien et de mat has the same mean- tional gifts). The statute of Westminster ing. the Second. 13 Edw. 1. c. 1. A special writ of gaol delivery, one being The object of the statute was to prevent issued for each prisoner: now superseded by the alienation of estates by those who held the general commission of gaol delivery. 4 only a partial interest in the estate in such Bla. Com. 270. a manner as to defeat the estate of those who were to take subsequently. This was DE CALCETO REPARANDO (Lat.). A effected by providing that, in grants to a writ for repairing a highway, directed to the man and the heirs of his body or the heirs sheriff, commanding him to distrain the in- male of his body, the will of the donor habitants of a place to repair the highway. should be observed according to the form Reg. Orig. 154; Blount. expressed in the deed of gift (per form am Issue male), if there were any, and if none, should revert to the donor. This statute was the origin of the estate in fee tail, or estate tail, and by introducing perpetuities, it built up great estates and strengthened the power of the barons. See Bac. Abr. Estates Tail; 1 Cruise, Dig. 70; 1 Washb. R. P. 271. See imoNAL Feb Taix,. de DOTE assignanda (Lafc Cor assigning dower). A writ commanding the icing's eseheator to assign dower to the widow of a tenant in capite. Fitzh. N. I'.. 263, ft DE DOTE UNDE NIHIL HABET (Lat. of dower in that whereof she has none). A writ of dower which lay for a widow where no part of her dower had I icon assigned to a widow. It is now much disused; but a form closely resembling it is still' used in the United States. 4 Kent 63; Stearns, Real Act. 302; 1 Washb. R. P. 230. DE EJECTIONE CUSTODI/E. A writ which lay for a guardian who had been forcibly ejected from his wardship. Reg. Orig. 162; Black, L. Diet. DE EJECTIONE FIRM/E. A writ which lay at the suit of the tenant for years against the lessor, reversioner, remainderman, or stranger who had himself deprived the tenant of the occupation of the land during his term. 3 Bla. Com. 109. Originally lying to recover damages only, it came to be used to recover the rest of the term, and then generally the possession of lands. Involving, in the question of who should have possession, the further question of who had the title, it gave rise to the modern action of ejectment. Brooke, Abr.; Adams, Ejectm.; 3 Bla. Com. 199 et seq. DE ESTOVERIIS HABENDIS (Lat. to obtain estovers). A writ which lay for a woman divorced a mensa et thoro to recover her alimony or estovers. 1 Bla. Com. 441. DE EXCOMMUNICATO CAPIENDO (Lat. for taking one who is excommunicated). A writ commanding the sheriff to arrest one who was excommunicated, and imprison him till he should become reconciled to the church. 3 Bla. Com. 102. DE EXCOMMUNICATO DELIBERANDO (Lat. for freeing one excommunicated). A writ to deliver an excommunicated person, who has made satisfaction to the church, from prison. 3 Bla. Com. 102. DE EX0NERATI0NE SECT/E. A writ to free the king's ward from suit in any court lower than the court of common pleas during the time of such wardship.

An abbreviation of De bonis non administratis, {q.Y.) l Stra.Z4. DE BONIS NON ADMINISTRA-

This phrase is used to signify that the goods of a deceased person have not all been administered. When an executor or administrator has been appointed, and the estate is not fully settled, and the executor or administrator is dead, has absconded, or from any cause has been removed, a second administrator is appointed to perform the duty remaining to be done, who is called an administrator de bonis non, an administrator of the goods not administered, and he becomes by the appointment the only representative of the deceased. 11 Vin. Ab. 111; 2 P. Wms. 340; Com. Dig. Administration, B 1; 1 Root’s R. 425. And-it seems that though the estate has been distributed, an administrator de bonis non may be appointed, if some debts remain unsatisfied. 1 Root’s R. 174.