Page:Black's Law Dictionary (Second Edition).djvu/45

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ADMINICULAR
37
ADMINISTRATION OF ESTATES

bery," (i. e., committed to accomplish it.) The Marianna Flora, 3 Mason, 121. Fed. Gas No. 9080.

—Adminicular evidence. in ecclesiastical law. Auxiliary or snppiementary evidence; such as is presented for the purpose of explainmg and completing other evidence.

ADMINICULATE. To give adminicular evidence.

ADMINICULATOR. An officer in the Rouiish church, who administered to the "ants at widows, orphans, and aiiiicted persons. Spelmiin.

ADMINICULUM. Lat. An ailmiuicie; n pi-up or support; an accessory thing. An aid or suppoit to something else, whether a right or the evidvnce of one. It is principaily used to designate evidence adduced in aid or support of other evidence, which without it is imperfect. Brown.

ADMINISTER. To discharge the duties of an ulfine: to take charge of business; to Iuiiinige a[l'airs; to serve in the conduct of uffiirs. in the application of things to their US". to settle and distribute the estate of ti decedent.

in physiology, and in criminal law, to ad-

minister means to cause or procure 11 person tu take some drug or other substance into his or her system; to direct and cause a med- hiiie poison, or drug to be taken into the s,»'.tt-in State v. Jones, -1 Pennewili (Del.) mil. 53 Atl. S61; McCanghey v. State. 156 inu, -I1. 59 N. E. }U9: La Bean v. People. .1‘-l N. X‘. 223: Snnipter v. State. 11 Fla. 247; Ii(I"iiiI.lS v. State, 8 Ohio St. 131. -il_hzr fraud nor deception is a necessary ,_ qihent in the act of administering poison. ‘lo tori-c poison into the stomach of another; to compel another by threats of vioicnce to anallow poison: to furnish poison to another for ihe purpose and with the intention Lhnt the p(‘l""" [D whom it is dei ercd shall commit si.u_.de therewith, and which poison is accord- iii.,ly talii-n by the suii:iile_for that purpose: iir to be prcseut at the taking of poison by a siilr-uric, participating m the taking thereof, by in -aince, persuasion, or otberwise.—each and all 1' ihcu are Eiiiiiis and modes of ":uliniiiisl'Vll_l[_.'&" poison. Blackburn v. State. 23 Ohio ht I‘).

ADMINISTRATION. In puhllc law. The administration of government means the prmi il m.1nagunient and direction of the |‘\<' ..the doparthielit, or of the puhilc niathlnvry or functions, or of the operations of iiiv r.u'ious organs of the sovereign. The tcim "administration" is also conventionally il pulled to the whole class of public function- iivlc.-, or those in charge of tile management of the executive department Peopie v. Sals- bury, 1% Mich. 537, 96 N. W. 936.

ADMINISTRATION OF ESTATES. The management and settlement of the estate of an intestate, or of a testator who has no executor, performed under the supervision of a court, by a person duly qualified and legally appointed, and usually involving (1) the collection of the decedent's assets; (2) payment of debts and ciaims against him and expenses; (3) distributing the remainder of the estate among those entitled thereto.

The term is applied broadly to denote the management of an estate by an executor, and also the nmnngement of estates of minors iunatics, etc., in those cases where tiustees have been appointed by authority of law to take charge of such estates Ln place of the legai owners. Bouiier; Crow v. Hulsird_ 62 Md. 5155.

Administration is principally of the following kinds, 111.:

Ad colligedum bona defuncti. To collect the goods of the deceased. Special letters of administration gmiited to one or more peisons, autliorizing liieni to rrillcct and preserve the goods of the deceased, are so cziiieil. 2 Bl. Comm 505; 2 Steph. Comln. 22-11 These are otherwise. termed "ietters ad coIligcn(luin_" and the party to whom they are granted. a "collector."

An administrator ad colliycndum is the mere agent or officer of the court to collect and preserve the goods of the deceased untii some one is clothed with authority to adininister [hem and cannot complain that another is li.p])()llll(‘(i udminis rotor in chief. Fiora v Mennice. 1:’. Ala 83 .

Am.illi1r1/ ndministration is auxiliary and suiiordinate to the administration at the place of the decedent's dunilclle; it may be taken out in any 1'oreign state or country where assets are locally situated, and is merely for the purpose of collecting such assets und paying debts there.

Cum testmiiciito mme.io. Ailtninistrat In with the will annexed. Administ "ion granted in cases wiiere :1 testabu1' liillliri 11 will, without naming any executors, or where the &XCC'It0I'S who are named in the Will are incompetcilt to act, or refuse to act; or in case of the death of the executors, or the survivor of them. 2 Bl. Comm. 5‘ E. . 0-}.

De bouts non. Adniinistuition of the goods not administered Administration ginnttd for the purpose of adniini. ering sui-h 0/ the goods of a deceased person as were wt arlniiniatcrad by the former executor or ad- ministrator. 2 Bl. Comm. 506; Sims v. ":1- teis. 0;‘: Ala 442; Clemens v. Wali:er. -IO Ala. I98; Tucker v. Hornet, 10 Phiia (Pa.) 122.

De I/ants non cum testamentu umi.i.:i.-o. That which is granted when an execu to: do 5 leaving a part of the estate ulJtldIilll.|ist(-ll‘!-.11 Conkliii v. Ef:Pi't0l], 21 Wend. (N. Y.) 4.30; Cieniens v. Walker, 40 Ala. 189.

Durante izbsevitia. That which is granted during the absence of the executor and untii he has proved the will.

Dm-mite minor-i ltlllfe. Where an infant is made executor; in which case administra-

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tion with will annexed is granted to another, M