Page:Black's Law Dictionary (Second Edition).djvu/46

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


ADMINISTRATION OF ESTATES 33 during the minority of such executor, and untii he shall attain his lawful age to act. See Godo. 102.

1-"11:-cu‘:/-1:. eihriinistrution. That which is ex-

e I ‘ed by virtue of authority properly con- ferred by a foreign power.

l’ondc-ntc litc Administration duiing the suit. Administr tion granted dining the pendency of a suit touching the validity of ii wiil. 2 Bl. Comm. 503; Cole v. Wooden, 18 N. J. Law, 15, 20.

PM/lic adniln stration is such as is conducted (in some jurisdictions) by an officer caileil the public administrator, who is appointed to administer in cases where the intestate has left no person entitled to appiy for letters.

Gcmml administration. The grant 01' authoi'it_v to administer upon the entire estate of a decedent nithout ri-striction or limitation, vilietlier under the ‘inteslsite laws or with the will annexed. Clemens v. Waiker, -10 Ala. 198.

Special administration. Authority to ad- minister upon some few particuiar eI.‘t'erts of a decedent, as opposed to authority to ad- l.l.ll.|JlSl.81' his whole estate. In re Senate Biil, 12 Colo. 193, 21 Pac. -152; Ciemeus v. Waliier, 40 Ala. 198.

—-Letters of administration. The instru- ment by which an ti(lmi.nistratnr or administratrix is authorized by the probate court. siirrogate, or other pioper uihccr, to have the charge and iidininistnition of the floods and chattels of an intestate. See Miitiial Ben. L. Ins. Co. v. Tisdale, 91 U. S. 2-13. 23 L. Ed. 31-}.


ADMINISTRATION SUIT. In English practice. A suit brought in Chancery, by any one interested, for administration of a decedent's estate, when there is doubt as to its solvency. Stimson.

ADMINISTRATIVE. Pertaining to ad- ministration. 1’art.icularly, having the char-

acter of executive or ministerial action. In this sense, administrative functions or acts are distinguished from such as are Judicial. People v. Austin, 20 App. Div. 1, -16 N. Y. Supp. 526.

—Administrntive law. That branch of pub- iic law \\‘lll('lJ deals with the various 0l';,'f|l|S of the sovereign power considereii as in motion. and prescribes in detaii the manner of their actiiity. being concerned with such topics as the eoliection of the revenue, the reguiation of the military and navai forces, citizenship and na_tnralizatio_n. sanitary measures, poor l-iii.

coiuige, olice, the public safety and mo etc. See olL Jiir._ 3t)5—-'307.—Ad.niinistx-a officer. Poliiicnlly and as used in constitu-

lional law, an offiter of the executive depart- ment of gov rnrncnl, and generally one of in- ferior rank lenvally. a ministeriai or executive officcr. 115 d tingnisiied from B. jurlicial officer. l)‘enpie v. Siilsbiiry, 134 Mich. 537, 96 N. ‘V. . 30.

ADMINISTRATOR, in the most usual sense of the word. is a person to whom letters of adininisti-ation, that is, an authority to administer the estate of a deceased per-

ADMIRAL

son, have been granted by the proper court He resembles an executor, but, being appointed by the court, and not by the deceased, he has to give security for the due administration of the estate, by entering moo a bond with sureties, calied the administration bond. Smith v. Gentry, 16 Ga. 31; Collamore v. Wilder, 19 Kan. 78.

By the law of Scotland the father is what is calied the "adniiuistrator-in-law" for his children. As such, he is ipso jure their tutor whi.le they are pupils, and their curator duriig their minority. The father's power extends over whatever estate may descend to his children, unless where that estate has been piiiced by the donor or grautor under the charge of spetial trust This power in the 1.-ither c discontlnuing to reside nith him, unless he continues to liie at the father's expense: and with regard to daughters, it ceases on their mar . ge, the hnslntuil being the legal curator of his iiife. Bell.

A public aduihiistralor is an officer authorized by the statute i.iiv of se-ver.ii of the states to snperintend the settlement of estates of persons dying witLiout relathes entitied to adininister.

In the civil law. A manager or conduc-

tor of n£L'airs, especially the atfairs of an- other. in his name or behalf. A m.in.iger of public .-iifaii-s in behalf of others. Cuivin. A public officer, ruler, or governor. Nov. 93. ‘.31.: Cod. 12. 8. —Dui-nestiii administrator. One appointed at the p'ace of the doiniiilc of the decedent: distinguished from a foreign or an anciiiary ad- inini‘stramr,—Fo1-eign ndministz-ntor. One appointed or qualified under the laiis of a foreign state or country, where the decedent was domiciied.


ADMINISTRATRIX. A female who ad- ministers, or to whom letters of iid.inniistiation have been granted.

ADMINISTRAVIT. Lat. He has ad- iniiiistered. Used in the phrase plcnc iul7i1,i'n- istiiwit, which is the name of a plea by nu e.\ecutoi- or administrator to the efi'ect that he has “fully adinniistered" (lawfully disposed of) all the assets of the est.ite that have come to his hands.

ADMIRAL. In European law. Au offlcer who presided over the adiiiiialitus. or colllyiimi ammiralimtis. Locc. de Jnr. Mar. 11b. 2, c. 2, 5 1.

In old English law. A high officer or magistrate that had the goveriinient of the king's navy, and the hearing of all causes belonging to the sea. Cowell.

In the navy. Admiral is also the titie of high naval officeis; they are of vaiious grades,—rcar adnilral, vice-admiral, admiral, ndniiral of the llcet, the latter being the

highest.