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Personal Representative

property and law

PERSONAL REPRESENTATIVE. Besides its general sense of one who succeed- to or rep resents another in the enjoyment or possession of rights or property by reason of sonic ship existing between them, the term per sonal representative is specifically used in law' to designate the person who as executor or ad ministrator administers the estate of another. In the general sense of the word it is applied to those who represent others in conducting trans actions, as one acting under a power of attorney to vote stock, and also to those who succeed to property by assignment, as the assignee of a lessee for years, and sometimes in wills for those who are technically called next of kin (q.v.), according to the statute of distribution. and, in its broadest use, even all persons who stand in the place of another and represent his interests, respecting his property, whether trans ferred to them by law or by his act.

Primarily and usually, however, the term is used to designate only executors or administra tors as officially administering the estate of the deceased, and in that capacity protecting it from dissipation or waste, as well as paying out of it the debts of the decedent, and distributing the surplus, if any. Unlike the heir under the civil law the personal representative is not liable for any debts of the decedent, except to the extent of the assets received by him; and neither is he now entitled to any surplus remaining after the pay ment of the obligations of the estate. His duties, and the method and form of his administration are usually particularly prescribed by statute. See ADMINISTRATION; EXECUTOR; DISTRIBUTION. etc., and compare KIN, NEXT OF, and HEIR.