LETTERS (ante). Letters rogatory are an instrument sent by a judge in the name and by the authority of his court to a court in another jurisdiction, requesting the latter to have examined a witness within its jurisdiction, in regard to a cause pending in the former court, upon written interrogatories filed in said cause. The instrument is addressed to any foreign court with civil jurisdiction, relates the pendency of the cause in the home court, and the names of the witnesses residing in the foreign jurisdiction, and requests the foreign court to cause such witnesses to be examined, and their deposi tions to be taken and returned with time letters to the home court. Letters rogatory are not in frequent use at present, though occasionally resorted to in admiralty courts. They are necessary where it foreign government refuses to execute commissions issued to private persons, and oaths can be administered and depositions taken only by judicial officers. Letters testamentary are an instrument issued by a judge who has jurisdiction
of probate matters, declaring that a certain will has been admitted to probate, and giving the executor power to administer the estate. Such an instrument granted to the admin istrator of a person dying intestate is called letters of administration. The original will is usually deposited in the registry of probate, and a copy, under seal, with the letters annexed, is returned to the executor or administrator. Such letters do not extend over assets of the decedent situated in another state. For such assets ancillary administrators must be appointed, to whom additional letters must issue. See EXECUTOR; Piton= Ormr,rn . no; iA