ADMINISTRATION (Lat. adminis trare, to assist in).
Of Estates. The management of the estate of an intestate, or of a testator who has no executor. 2 Blackstone, Comm. 494; 1 Williams, Ex. 330. The term is applied broadly to denote the management of an estate by an executor, and also the manage ment of estates of minors, lunatics, &c. in those cases where trustees have been ap pointed by authority of law to take charge of such estates in place of the legal owners.
At common law, the real estate of an intestate goes to his heirs; the personal, to his administrator. The fundamental rule is that all just debts shall be paid before any further disposition of the pro perty. Coke, 2d Inst. 398. Originally, the king had the sole power of disposing of an intestate's goods and chattels. This power he early trans ferred to the bishops or ordinaries; and in England it is still exercised by their legal successors, the ecclesiastical courts, who appoint administrators and superintend the administration of estates. 4 Burns, Eccl. Law, 291; 2 Fonhlanque, Eq. 313; 1 Williams, Ex. 331.
2. Ad colligendum. That which is granted for collecting and preserving goods about to perish (bona periturtt). The only power over these goods is under the form prescribed by statute.
Ancillary. That which is subordinate to the principal administration, for collecting the assets of foreigners. It is taken out in the country where the assets are locally situate. Kent, Comm. 43 et seq.; 1 Williams, Ex., Am. Notes ; 14 Ala. 829.
Cceterorum. See CIETERORIIM.
Cum testament° annexe. That which is granted where no executor is named in the will, or where the one named dies, or is in competent or unwilling to act. Such an ad. ministrator must follow the statute rules of distributien, except when otherwise directed by the will. Willard, Ex. ; 2 Bradt'. Surr. N.Y. 22. The residuary legatee is appointed such administrator rather than the next .of kin. 2 Phill. Ch. 54, 310; 1 Ventr. Ch. 217; 4 Leigh, Va. 152; 2 Add. Penn. 352.
3. De bonis non. That which is granted when the first administrator dies before hav ing fully administered. The person so ap pointed has in general the powers of a corn• mon administrator. Bacon, Abr. Executors, B 1; Rolle, Abr. 907 ; 22 Miss. 47; 27 Ala. 273; 9 Ind. 342; 4 Sneed, Tenn. 411; 31 Miss. 519; 29 Vt. 170; 11 Md. 412.
De bonis non cum testament° annexo. That which is granted when an executor dies leaving a part of the estate unadministered. Comyns, Dig. Adm. B 1.
Durance absentia. That which subsists during the absence of the executor and until he has proved the will. It is generally granted when the next of kin is beyond sea, lest the goods perish or the debts be lost. In England, it is not determined by the exe cutor's dying abroad. 4 Hagg. Eccl. 360; 3
Bos. & P. 26.
Durante minori cetate. That which is granted when the executor is a minor. It continues until the minor attains his lawful age to act, which at common law is seven teen years. Godolph. 102; 5 Coke, 29. When an infant is sole executor, the statute 38 Geo. III. c. 87, s. 6 provides that probate shall not be granted to him until his full age of twenty-one years, and that adm. cum test. annexo shall be granted in the mean time to his guardian or other suitable person. A similar statute provision exists in most of the United States. This administrator may col lect assets, pay debts, sell bona peritura, and perform such other acts as require immediate attention. He may sue and be sued. Bacon, Abr. Executor, B 1; Croke, Eliz. 718; 2 Sharswood, Blackst. Comm. 503; 5 Coke, 29.
4. Foreign administration. That which is exercised by virtue of authority properly conferred by a foreign power.
The general rule in England and the United States is that letters granted abroad give no authority to sue or be sued in another jurisdiction, though they may he ground for new probate authority. 5 Ves. Ch. 44; 9 Cranch, 151; 12 Wheat. 169; 2 Root, Conn. 462 ; 20 Mart. La. 232; 1 Dall. Penn. 456; Binn. Penn. 63; 27 Ala. 273; 9 Tex. 13; 21 Mo. 434; 29 Miss. 127; 4 Rand. Va. 158 ; 10 Yerg. Tenn. 283; 5 Me. 261; 35 N. H. 484; 4 McLean, C. C. 577 ; 15 Pet. 1 ; 13 How. 458. Hence, when persons are domiciled and die in one country as A, and have per sonal property in another as B, the authority must be had in B, but exercised according to the laws of A. Story, Confl. Laws, 23, 447 ; 15 N. H. 137 ; 15 Mo. 118; 5 Md. 467 ; 4 Bradf. Surr. N. Y.151, 249 ; and see DOMICILE.
There is no legal privity between adminis trators in different states. The principal administrator is to act in the intestate's do micile, and the ancillary is to collect claims and pay debts in the foreign jurisdiction and pay over the surplus to his principal. 2 Mete. Mass. 114; 3 Hagg. Eccl. 199; 6 Humph. Tenn. 116; 21 Conn. 577 ; 19 Penn. St. 476; 8 Day, Conn. 74; 1 Blatchf. & H. Dist. Ct. 309; 23 Miss. 199; 2 Curt. Eccl. 241 ; 1 Rich. So. C. 116.
But some courts hold that the probate of a will in a foreign state, if duly authenti cated, dispenses with the necessity of taking out new letters in their state. 5 Ired. No. C.
421; 2 B. Monr. Ky. 12; 18 id. 582 ; 4 Call, Va. 89; 15 Pet. 1; 7 Gill, Md. 95; 12 Vt. 589. So it has been held that possession of property may be taken in a foreign state, but a suit cannot be brought without taking out letters in that state. 2 Ala. 429; 18 Miss. 607 ; 2 Sandf. Ch. N. Y. 173. See CONFLICT