ADMINISTRATOR

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ADMINISTRATOR

ADMINISTRATOR, trusts. An administrator is a person lawfully appointed, with his assent, by an officer having jurisdiction, to manage and settle theestate of a deceased person who has left no executor, or one who is for thetime incompetent or unable to act. 2. It will be proper to consider, first, his rights; secondly, hisduties.; thirdly, the number of administrators, and their joint and severalpowers; fourthly, the several kinds of administrators. 3.-1. By the grant of the letters, of administration, theadministrator is vested with full and ample power, unless restrained to somespecial administration, to take possession of all the personal estate of thedeceased and to sell it; to collect the debts due to him; and to representhim in all matters which relate to his chattels real or personal. He isauthorized 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 hishands. 4.-2. He is bound to use due diligence in the management of theestate; and he is generally on his appointment required to give securitythat he will do so; he is responsible for any waste which. may happen forhis default. See Devastavit. 5. Administrators are authorized to bring and defend actions. They sueand are sued in their own names; as, A B, administrator of C D, v. E F; or EF 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 bringingsuits, and they must all be sued ; but, like executors, the acts of each,which relate to the delivery, gift, sale, payment, possession. or release ofthe intestate's goods, are considered as of equal validity as the acts ofall, for they have a joint power and authority over the whole. Bac. Ab.Executor, C 4; 11 Vin. Ab. 358; Com. Dig. Administration, B 12; 1 Dane's Ab.383; 2 Litt. R. 315. 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 toadminister the whole estate of the intestate; or special, that is, those whoadminister it in part, or for a limited time. 8.-1. General administrators are of two kinds, namely: first, whenthe grant of administration is unlimited, and the administrator is requiredto administer the whole estate, under the intestate laws, secondly, when thegrant is made with the annexation of the will, which is the guide to theadministrator to administer and distribute the estate. This latteradministration is granted when the deceased has made a will, and either hehas 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 administratorcum testamento annexo. 1 Will. on Wills, 309. 9.-2. Special administrators are of two kinds; first, when theadministration is limited to part of the estate, as for example, when theformer administrator has died, leaving a part of the estate unadministered,an administrator is appointed to administer the remainder, and he is calledan administrator de bonis non. He has all the powers of a commonadministrator. Bac. Ab. Executors, B 1; Sw. 396; Roll. Ab. 907; 6 Sm. &Marsh. 323. When an executor dies leaving a part of the estateunadministered, the administrator appointed to complete the execution of thewin is called an administrator de bonis non, cum testamento annexo. Com.Dig. Administrator, B 1. Secondly, When the authority of the administratoris limited as to time. Administrators of this kind are, 1. An administratordurante minore oetate. This administrator is appointed to act as such duringthe minority of an infant executor, until the latter shall, attain hislawful age to act. Godolph. 102; 5 Co. 29. His powers extend to administerthe estate so far as to collect the same, sell a sufficiency of the personalproperty to pay the debts, sell bona peritura, and perform such other actsas require immediate attention. He may sue and be sued. Bac. Ab. Executor, B1 ; Roll. Ab. 110; Cro. Eliz. 718. The powers of such an administratorcease, as soon as the infant executor attains the age at which the lawauthorizes him to act for himself, which, at common law, is seventeen years,but by statutory provision in several states twenty-one years. 10.-2. An administrator durante absentia, is one who is appointed toadminister the estate during the absence of the executor, before he hasproved the will. The powers of this administrator continue until the returnof the executor, and. then his powers cease upon the probate of the will bythe executor. 4 Hagg. 860. In England it has been holden, that the death ofthe executor abroad does not determine the authority of the administratordurante absentia. 3 Bos. & Pull. 26. 11.-3. An administrator pendente lite. Administration pendente litemay be granted pending the controversy respecting an alleged will and it hasbeen granted pending a contest as to, the right to administration. 2 P. Wms.589; 2 Atk. 286; 2 Cas. temp. Lee, 258. The administrator pendente lite ismerely an officer of the court, and holds the property only till the suitterminates. 1 Hagg. 313. He may maintain suits, 1 Ves. sen. 325; 2 Ves. & B.97; 1 Ball & B. 192; though his power does not extend to the distribution ofthe assets. 1 Ball & B. 192.

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