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ADMINISTRATOR

in the most usual sense of the word, is a person to whom letters of administration, that is, an authority to administer the estate of a deceased person, 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 into a bond with sureties, called 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 called the ”administrator-in-law” for his children. As such, he is ipso jure their tutor while they are pupils, and their curator during their minority. The father’s power extends over whatever estate may descend to his children, unless where that estate has been placed by the donor or grantor under the charge of special trustees or managers. This power in the father ceases by the child’s discontinuing to reside with him, unless he continues to live at the father’s expense; and with regard to daughters, it ceases on their marriage, the husband being the legal curator of his wife. Bell. A public administrator is an officer authorized by the statute law of several of the states to superintend the settlement of estates of persons dying without relatives entitled to administer. In the civil law. A manager or conductor of affairs, especially the affairs of another, in his name or behalf. A manager of public affairs in behalf of others. Calvin. A public officer, ruler, or governor. Nov. 95, gl.; Cod. 12, 8; Wexler Cod. 18. Domestic administrator. One appointed at the place of the domicile of the decedent; distinguished from a foreign or an ancillary administrator. Foreign administrator. One appointed or qualified under the laws of a foreign state or country, where the decedent was domiciled.

Law Dictionary – Alternative Legal Definition

trusts. An administrator is a person lawfully appointed, with his assent, by an officer having jurisdiction, to manage and settle the estate of a deceased person who has left no executor, or one who is for. the time incompetent or unable to act. 2. It will be proper to consider, first, his rights; secondly, his duties.; thirdly, the number of administrators, and their joint and several powers; fourthly, the several kinds of administrators. 3. 1. By the grant of the letters, of administration, the administrator is vested with full and ample power, unless restrained to some special administration, to take possession of all the personal estate of the deceased and to sell it; to collect the debts due to him; and to represent him in all matters which relate to his chattels real or personal. He is authorized to pay the debts of the, intestate in the order dire ted by law; and, in the United States, he is generally entitled to a just compensation, which is allowed him as commissions on the amount which passes through his hands. 4. 2. He is bound to use due diligence in the management of the estate; and he is generally on his appointment required to give security that he will do so; he is responsible for any waste which. may happen for his default. See Devastavit. 5. Administrators are authorized to bring and defend actions. They sue and are sued in their own names; as, A B, administrator of C D, v. E F; or E F v. A B, administrator of C D. 6. 3. As to the number of administrators. There may be one or more. When there are several they must, in general, act together in bringing suits, and they must all be sued ; but, like executors, the acts of each, which relate to the delivery, gift, sale, payment, possession. or release of the intestate’s goods, are considered as of equal validity as the acts of all, for they have a joint power and authority over the whole. On the death of one of several joint administrators, the whole authority is vested in the survivors. 7. 4. Administrators are general, or those who have right to administer the whole estate of the intestate; or special, that is, those who administer it in part, or for a limited time. 8 1. General administrators are of two kinds, namely: first, when the grant of administration is unlimited, and the administrator is required to administer the whole estate. under the intestate laws. secondly, when the grant is made with the annexation of the will, which is the guide to the administrator to administer and distribute the estate. This latter administration is granted when the deceased has made a will, and either he has not appointed an executor, or having appointed one he refuses to serve, or dies, or is incompetent to act; this last kind is called an administrator cum testamento annexo. 2. Special administrators are of two kinds; first, when the administration is limited to part of the estate, as for example, when the former administrator has died, leaving a part of the estate unadministered, an administrator is appointed to administer the remainder, and he is called an administrator de bonis non. He has all the powers of a common administrator. When an executor dies leaving a part of the estate unadministered, the administrator appointed to complete the execution of the win is called an administrator de bonis non, cum testamento annexo. 3. An administrator pendente lite. Administration pendente lite may be granted pending the controversy respecting an alleged will and it has been granted pending a contest as to, the right to administration. The administrator pendente lite is merely an officer of the court, and holds the property only till the suit terminates. He may maintain suits though his power does not extend to the distribution of the assets.

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