Extracted From:
  A LAW DICTIONARY ..., SIXTH EDITION, 1856
  by John Bouvier, CHILDS & PETERSON, PHILADELPHIA

TO ADMINISTER, trusts. To do some act in relation to an estate, such as none but
the owner, or some one authorized by him or by the law, in case of his decease,
could legally do....


ADMINISTRATION, trusts. The management of the estate of an intestate, a minor, a
lunatic, an habitual drunkard, or other person who is incapable of managing his
own affairs, entrusted to an administrator or other trustee by authority of law.
In a more confined sense, and in which it will be used in this article,
administration is the management of an intestate's estate, or of the estate of a
testator who, at the time administration was granted, had no executor.
   Administration is granted by a public officer duly authorized to delegate the
trust; he is sometimes called surrogate, judge of probate, register of wills and
for granting letters of administration.  It is to be granted to such persons as
the statutory provisions of the several states direct. In general the right of
administration belongs to him who has the right to the venue of the personalty:
as if A make his will, and appoint B his executor, who dies intestate, and C is
the legatee of the residue of A's estate, C has the right of administration cum
testamento annexo....
   There are several kinds of administrations, besides the usual kind which
gives to the administrator the management of all the personal estate of the
deceased for an unlimited time. Administration durante minore oetate,
administration durante absentia, administration pendente lite, administration de
bonis non, administration cum testamento annexo.


ADMINISTRATOR, 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.

   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.

[rights]   -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.

[duties]   -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.... 
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.

[number]   -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.

[kinds]   -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.

   -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.... 

   Secondly, When the authority of the administrator is limited as to time.
Administrators of this kind are, 

   1. An administrator durante minore oetate. This administrator is appointed to
act as such during the minority of an infant executor, until the latter shall,
attain his lawful age to act.... His powers extend to administer the estate so
far as to collect the same, sell a sufficiency of the personal property to pay
the debts, sell bona peritura, and perform such other acts as require immediate
attention. He may sue and be sued....  The powers of such an administrator
cease, as soon as the infant executor attains the age at which the law
authorizes him to act for himself, which, at common law, is seventeen years, but
by statutory provision in several states twenty-one years.

   2. An administrator durante absentia, is one who is appointed to administer
the estate during the absence of the executor, before he has proved the will. 
The powers of this administrator continue until the return of the executor, and.
then his powers cease upon the probate of the will by the executor.... In
England it has been holden, that the death of the executor abroad does not
determine the authority of the administrator durante absentia....

   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....


ADMINISTRATRIX. This term is applied to a woman to whom letters of
administration have been granted.


ADMINISTRATION, government. The management of the affairs of the government;
this word is also applied to the persons entrusted with the management of the
public affairs.

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