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ADMINISTRATION (Lat. administrare, to...

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Originally appearing in Volume V01, Page 194 of the 1911 Encyclopedia Britannica.
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ADMINISTRATION (See also:Lat. administrare, to serve) , the performance or management of affairs, a See also:term specifically used in See also:law for the administration or disposal of the See also:estate of a deceased See also:person(see WILL OR TESTAMENT). It is also used generally for " See also:government," and specifically for " the government " or the executive See also:ministry, and in such connexions as the administration(administering or tendering) of the sacraments, See also:justice, oaths, medicines, &c. Letters of Administration.—Upon the See also:death of a person intestate or leaving a will to which no executors are appointed, or when the executors appointed by the will cannot or will not See also:act, the See also:Probate See also:Division of the High See also:Court is obliged to appoint an See also:administrator who performs the duties of an executor. This is done by the court granting letters of administration to the person entitled. Grants of administration may be either See also:general or limited. A general See also:grant is made where the deceased has died intestate. The See also:order in which general grants of letters will be made by the court is as follows: (1) The See also:husband, or widow, as the See also:case may be; (2) the next of See also:kin; (3) the See also:crown; (4) a creditor; (5) a stranger. Since the See also:Land See also:Transfer Act 1897, the administrator is the real as well as the See also:personal representative of the deceased, and consequently when the estate to be ad-ministered consists wholly or mainly of reality the court will grant administration to the See also:heir to the exclusion of the next of kin. In the See also:absence of any heir or next of kin the crown is entitled to the See also:personality as See also:bona vacantia, and to the reality by See also:escheat. If a creditor claims and obtains a grant he is compelled by the court to enter into a See also:bond with two sureties that he will not prefer his own See also:debt to those of other creditors. The more important cases of grants of See also:special letters of ad-ministration are the following: Administration cum testamento annexo, where the deceased has See also:left a will but has appointed no executor to it, or the executor appointed has died or refuses to act. In this case the court will make the grant to the person (usually the residuary legatee) with the largest beneficial See also:interest in the estate.

Administration de bonis non administratis: this occurs in two cases—(a) where the executor See also:

dies intestate after probate with-out having completely administered the estate; (b) where an administrator dies. In the first case the principle of administration cum testamento is followed, in the second that of general grants in the selection of the person to whom letters are granted. Administration 'See also:durante minore aetate, when the executor or the person entitled to the general grant is under See also:age. Administration durante absentia, when the executor or administrator is out of the See also:jurisdiction for more than a See also:year. Administration pendente lite, where there is a dispute as to the person entitled to probate or a general grant of letters the court appoints an administrator till the question has been decided.

End of Article: ADMINISTRATION (Lat. administrare, to serve)

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