KFLCC Kingdom Law 2nd Ed.

37

ADMINISTRATION OF ESTATES

ADMINICULAR

no executor, performed under the supervision of a court, by a person duly qualified and le gally appointed, and usually involving (1) the collection of the decedent's assets; (2) payment of debts and claims against him and expenses; (3) distributing the remainder of the estate among those entitled thereto. The term is applied broadly to denote the management of an estate by an executor, and also the management of estates of minors, lunatics, etc., in those cases where trustees have been appointed by authority of law to take charge of such estates in place of the legal owners. Bouvier; Crow v. Hubard, 62 Md. 565. Administration is principally of the fol lowing kinds, viz.: Ad colligendum bona defuncti. To col lect the goods of the deceased. Special let ters of administration granted to one or more persons, authorizing them to collect and preserve the goods of the deceased, are so called. 2 Bl. Comm. 505; 2 Steph. Comm. 241. These are otherwise termed "letters ad colligendum," and the party to whom they are granted, a "collector." An administrator ad colligendum is the mere agent or officer of the court to collect and pre serve the goods of the deceased until some one is clothed with authority to administer them, and cannot complain that another is appointed administrator in chief. Flora v. Mennice, 12 Ala. 836. Ancillary administration is auxiliary and subordinate to the administration a ; t the place of the decedent's domicile; it may be taken out in any foreign state or country where assets are locally situated, and is merely for the purpose of collecting such as sets and paying debts there. Cum testamento annexo. Administration with the will annexed. Administration granted in cases where a testator makes a will, without naming any executors; or where the executors who are named in the will are incompetent to act, or refuse to act; or in case of the death of the executors, or the survivor of them. 2 Bl. Comm. 503, 504. De bonis non. Administration of the goods not administered. Administration granted for the purpose of administering such of the goods of a deceased person as were not administered by the former executor or ad ministrator. 2 Bl. Comm. 506; Sims v. Wa ters, 65 Ala. 442; Clemens v. Walker, 40 Ala. 198; Tucker v. Horner, 10 Phila. (Pa.) 122. De bonis non cum testamento annexo. That which is granted when an executor dies leaving a part of the estate unadministered. Conklin v. Egerton, 21 Wend. (N. Y.) 430; Clemens v. Walker, 40 Ala. 189. Durante absentia. That which is granted during the absence of the executor and until Where an infant is made executor; in which case administra tion with will annexed is granted to another, he has proved the will. Durante minori estate.

bery," (i. c, committed to accomplish it) The Marianna Flora, 3 Mason, 121, Fed. Gas. No. 9080. —Adminicular evidence. In ecclesiastical law. Auxiliary or supplementary evidence; such as is presented for the purpose of explain ing and completing other evidence. ADMINICULATE. To give adminicu lar evidence. An officer in the Romish church, who administered to the wants of widows, orphans, and afflicted per sons. Spelman. Lat An adminicle; a prop or support; an accessory thing. An aid or support to something else, whether a right or the evidence of one. It is principally used to designate evidence adduced in aid or support of other evidence, which without it is imperfect. Brown. To discharge the duties of an office; to take charge of business; to manage affairs; to serve in the conduct of affairs, in the application of things to their uses; to settle and distribute the estate of a decedent. In physiology, and in criminal law, to ad minister means to cause or procure a person to take some drug or other substance into his or her system; to direct and cause a med icine, poison, or drug to be taken into the system. State v. Jones, 4 Pennewill (Del.) 109, 53 Atl. 861; McCaughey v. State, 156 Ind. 41, 59 N. E. 169; La Beau v. People, 34 N. Y. 223; Sumpter v. State, 11 Fla. 247; Bobbins v. State, 8 Ohio St, 131. Neither fraud nor deception is a necessary ingredient in the act of administering poison. To force poison into the stomach of another; to compel another by threats of violence to swallow poison; to furnish poison to another for the purpose and with the intention that the person to whom it is delivered shall commit suicide therewith, and which poison is accord ingly taken by the suicide for that purpose; or to be present at the taking of poison by a suicide, participating in the taking thereof, by assistance, persuasion, or otherwise,—each and all of these are forms and modes of "adminis tering" poison. Blackburn v. State, 23 Ohio St. 146. In public law. The administration of government means the practical management and direction of the executive department, or of the public ma chinery or functions, or of the operations of the various organs of the sovereign. The term "administration" is also conventionally applied to the whole class of public function aries, or those in charge of the management of the executive department. People v. Sals bury, 134 Mich. 537, 96 N. W. 936. ESTATES. The management and settlement of the es tate of an intestate, or of a testator who has ADMINICULATOR. ADMINICULUM. ADMINISTER. ADMINISTRATION. ADMINISTRATION OF