Definitions from Black's Law Dictionary: 2nd Edition and Ballentine's Law Dictionary as are available for each term in each dictionary.
  • Ballentine's Law Dictionary

    He has wasted; an executor’s or administrator’s mismanagement of the estate. See 20 Or. 70, 10 L. R. A. 670, 25 Pac. 69.

  • Black's Law Dictionary: 2nd Edition

    Lat. He has wasted. The act of an executor or administrator in wasting the goods of the deceased; misman-, agement of the estate by which a loss occurs ; a breach of trust or misappropriation of assets held in a fiduciary character; any violation or neglect of duty by an executor or administrator, involving loss to the decedent's estate, which makes him personally responsible to heirs, creditors or legatees. Clift v. White, 12 N. Y. 531; Beardsley v. Marsteller, 120 Ind. 319, 22 N. E. 315; Steel v. Holladay, 20 Or. 70, 25 Pac. 69, 10 In In A. 670; Dawes v. Boylston, 9 Mass. 353, 6 Am. Dec. 72; McGlaughlin v. McGlaughlin. 43 W. Va. 226, 27 S. E. 378. Also, lf plaintiff, in an action against an executor or administrator, has obtained judgment, the usual execution runs de bonis testatoris ; but, if the sheriff returns to such a writ nulla bona testatoris nec propria, the plaintiff may, forthwith, upon this return, sue out an execution against the property or person of the executor or administrator, in as full a manner as in an action against him, sued in his own right. Such a return is called a "devasttwit." Brown.