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Letters testamentary, and of administration
Letters testamentary, and of administrationThis is an instrument in writing, granted by the judge or officer having jurisdiction of the probate of wills, under his hand and official seal, making known that on the day of the date of the said letters, the last will of the testator, (naming him,) was duly proved before him; that the testator left goods, by reason, whereof, and the probate of the said will, he certifies "that administration of all and singular, the goods, chattels, rights and credits of the said deceased, any way concerning his last will and testament, was committed to the executor, (naming him,) in the said testament named." Letters of administration may be described to be an instrument in writing, granted by the judge or officer having jurisdiction and power of granting such letters, thereby giving the administrator, (naming him,)," full power to administer the goods, chattels, rights and credits, which were of the said deceased, in the county or, district in which the said judge or officer has jurisdiction; as also to ask, collect, levy, recover and receive the credits whatsoever, of the said deceased, which at the time of his death were owing, or did in any way belong to him, and to pay the debts in which the said deceased stood obliged, so far forth as the said goods and chattels, rights and credits will extend, according, to the rate and order of law." Letters of administration pendente lite, are letters granted during the pendency of a suit in relation to a paper purporting to be the last will and testament of the deceased. Letters of administration de bonis non, are granted, where the former executor or administrator did not administer all the personal estate of the deceased, and where he is dead or has been discharged or dismissed. Letters of administration, durante minori aetate, are granted where the testator, by his will, appoints an infaut executor, who is incapable of acting on account of his infancy. Such letters remain in force until the infant arrives at an age to take upon himself the execution of the will. RELATED TERMS-------------------------------------- Instrument Contracts. The writing which contains some agreement, and is so called because it has been prepared as a memorial of what has taken place or been agreed upon. Writing The act of forming by the hand letters or characters of a particular kind on paper or other suitable substance, and artfully putting them together so as to co nvey ideas. It differs from printing, which is the formation of words on paper or other proper substance by means of a stamp. Sometimes by writing ii understood printing, and sometimes printing and writing mixed. Judge An elected or appointed public official with authority to hear and decide cases in a court of law. Jurisdiction Practice. A power constitutionally conferred upon a judge or magistrate, to take cognizance of, and decide causes according to law, and to carry his sentence into execution. The tract of land or district within which a judge or magistrate has jurisdiction, is called his territory, and his power in relation to his territory is called his territorial jurisdiction. Probate The formal certificate given by a court that certifies that a will has been proven, validated and registered and which, from that point on, gives the executor the legal authority to execute the will. A "probate court" is a name given to the court that has this power to ratify wills. Hand "1) That part of the human body at the end of the arm. 2) Formerly the hand was considered as the symbol of good faith, and some contracts derive their names from the fact that the hand was used in making them; as handsale, mandatum which comes from ä manu datä. The hand is still used for various legal or forensic purposes. When a person is accused of a crime and he is arraigned, and he is asked to hold up his right hand; and when one is sworn as a witness, he is required to lay his right hand on the Bible, or to hold it up. 3) Hand is also the name of a measure of length used in ascertaining the height of horses. It is four inches long. 4) In a figurative sense, by hand is understood a particular form of writing; as if B writes a good hand. Various kinds of hand have been used, as, the secretary hand, the Roman hand, the court hand. Wills and contracts may be written in any of these, or any other which is intelligible. Official civil and canon laws. In the ancient civil law, the person who was the minister of, or attendant upon a magistrate, was called the official. Seal To mark a document with a seal; to authenticate or make binding by affixing a seal. Court seal, corporate seal. Date Latin datum, a thing given. The primary signification is time "given" or specified, - in some way ascertained and fixed. In the ancient form the clause ran: datum apud, etc., specifying the place and time; thence called the datum clause, afterward shortened to "date". Said Before mentioned. Will A will is a legal document in which a person directs how his property is to be distributed after his death. Such documents must be executed in due form and must be duly witnessed. Testator One who has made a testament or will. Reason By reason is usually understood that power by which we distinguish truth from falsehood, and right from wrong; and by which we are enabled to combine means for the attainment of particular ends Administration Government. The management of the affairs of the government; this word is also applied to the persons entrusted with the management of the publio affairs. Singular Construction. In grammar the singular is used to express only one, Testament Civil law. The appointment of an executor or testamentary heir, according to the formalities prescribed by law. Executor A person specifically appointed by a testator to administer the will ensuring that final wishes are respected (i.e. that the will is properly "executed"). An executor is a personal representative. Power This is either inherent or derivative. The former is the right, ability, or faculty of doing something, without receiving that right, ability, or faculty from another. The people have the power to establish a form of govemment, or to change one already established. A father has the legal power to chastise his son; a master, his apprentice. Administrator A person who administers the estate of a person deceased. The administrator is appointed by a court and is the person who would then have power to deal with the debts and assets of a person who died intestate. Female administrators are called "administratrix." An administrator is a personal representative. Were The name of a fine among the Saxons imposed upon a murderer County Originally, a province governed by a count, - the earl or alderman to whom the government of the shire was entrusted. 1 Bl. Com. 116. District A certain portion of the country, separated from the rest for some special purposes. Levy Practice. A seizure the raising of the money for which an execution has been issued. Receive To receive. Voluntarily to take from another what is offered. Time Contracts, evidence, practice. The measure of duration., It is divided into years, months. days, hours, minutes, and seconds. It is also divided into day and night. 2) Pleading. The avertment of time is generally necessary in pleading; the rules are different, in different actions. Death Cessation of life; extinction of political existence. Belong In statutes referring to inhabitancy, the poor, etc., designates the place of a person's legal settlement, not merely his place of residence. Rate A public valuation or assessment of every man's estate; or the ascertaining how much tax every one shall pay. Order An instruction rightfully given by someone superior in hyerarchy. Also, a social state of civil coexistance without widespread public violence. Suit An action. The word suit in the 25th section of the judiciary act of 1789, applies to any proceeding in a court of justice, in which the plaintiff pursues, in such court, the remedy which the law affords him. An application for a prohibition is therefore a suit. Relation 1) Civil law. The report which the judges made of the proceedings in certain suits to the prince were so called. 2) Contracts, construction. When an act is done at one time, and it operates upon the thing as if done at another time, it is said to do so by relation. Non Not. When prefixed to other words, it is used as a negative as non access, non assumpsit. Personal Belonging to the person. Estate A right or interest in property or the property of a deceased person. Dead Something which has no life; figuratively, something of no value. Discharged Released, or liberated from custody. Durante A term equivalent to during. Account Practice. 1) A statement of the receipts and payments of an executor, administrator, or other trustee, of the estate confided to him. 2) An account is also the statement of two merchants or others who have dealt together, showing the debits and credits between them. Infancy 1) Criminal law, evidence. That state which is produced by the conviction of crime and the loss of honor, which renders the infamous person incompetent as a witness. 2) The state or condition of a person under tho age of twenty-one years. Infant Persons. One under the age of twenty-one years. Take This is a technical expression which signifies to be entitled to; as, a devisee will take under the will. To take also signifies to seize, as to take and carry away. Execution 1) Contracts. The accomplishment of a thing; as the execution of a bond and warrant of attorney, which is the signing, sealing, and delivery of the same. 2) Criminal law. The putting a convict to death, agreeably to law, in pursuance of his sentence. SIMILAR TERMS-------------------------------------- Letter 1) Common law, criminal law. An epistle; a despatch; a written message, usually on paper, which is folded up and sealed, sent by one person to another. 2) Contracts. In the civil law, locator, and in the French law, locateur, loueur, or bailleur, is he who, being the owner of a thing, lets it out to another for hire or compensation. 3) Civil law. The answer which the prince gave to questions of law which had been submitted to him by magistrates, was called letters or epistles. 4) Missive, English law. After a bill has been filed against a peer or peeress, or lord of parliament, a petition is presented to the lord chancellor for his letter, called a letter missive, which requests the defendant to appear and answer to the bill. A neglect to attend to this, places the defendant, in relation to such suit, on the same ground as other defendants, who are not peers, and a subpoena may then issue. Letter book Commerce. A book containing the copies of letters written by a merchant or trader to his correspondents. Letter carrier. A person employed to carry letters from the post office to the persons to whom they are addressed. Letter of advice Common law. A letter containing information of any circumstances unknown to the person to whom it is written; generally informing him of some act done by the writer of the letter. Letter of attorney Practice. A written instrument under seal, by which one or more persons, called the constituents, authorize one or more other persons called the attorneys, to do some lawful act by the latter, for or instead, and in the place of the former. Letter of credence International law. A written instrument addressed by the sovereign or chief magistrate of a state, to the sovereign or state to whom a public minister is sent, certifying his appointment as such, and the general objects of his mission, and requesting that full faith and credit may be given to what he shall do and say ou the part of his court. Letter of credit Contracts. An open or sealed letter, from a merchant in one place, directed to another, in another place or country, requiring him that if a person therein named, or the bearer of the letter, shall have occasion to buy commodities, or to want money to any particular or unlimited amount, either to procure the same, or to pass his promise, bill, or other engagement for it, the writer of the letter undertaking to provide him the money for the goods, or to repay him by exchange, or to give him such satisfaction as he shall require, either for himself or the bearer of the letter. Letter of guarantee A written undertaking, or letter of indemnity, usually provided by a bank, promising to hold the carrier (supra) harmless, up to a certain sum, for claims that may arise from the delivery of goods to a particular person who is unable to surrender the original bills of lading in return for the goods. Letter of indemnity A written undertaking by a shipper to indemnify a carrier for any liability which the carrier may incur for having issued a clean bill of lading (supra) when, in fact, the goods received were not as stated on the bill of lading (supra). Such a letter is usually a central document in a fraud, whereby the shipper and carrier knowingly misrepresent to third parties the actual order and condition of the goods at the time of shipment or the bad order of the packing, or whereby they issue duplicate bills of lading to replace lost or stolen originals. Letters of indemnity should not be condoned by courts and are generally held ineffective as against third parties. Letter of license Contracts. An instrument or writing made by creditors to their insolvent debtor, by which they bind themselves to allow him a longer time than he had a right to, for the payment of his debts and that they will not arrest or molest him in his person or property till after the expiration of such additional time. Letter of marque and reprisal War. A commission granted by the government to a private individual, to take the property of a foreign state, or of the citizens or subjects of such state, as a reparation for an injury committed by such state, its citizens or subjects. A vessel loaded with merchandise, on a voyage to a friendly port, but armed for its own defence in case of attack by an enemy, is also called a letter of marque. Letter of recall A written document addressed by the executive of one government to the executive of another, informing the latter that a minister sent by the former to him, has been recalled. Letter of recommendation Common law. An instrument given by one person to another, addressed to a third, in which the bearer is represented as worthy of credit. Letter of recredentials A document delivered to a minister, by the secretary of state of the government to which he was accredited. It is addressed to the executive of the minister's country. This is in reply to the letter of recall. Letter of undertaking A written undertaking provided by a club to secure the release of a ship belonging to one of the Club's shipowning members from arrest or attachment, or to prevent such arrest or attachment. The letter provides the seizing creditor with a guarantee that his claim will be satisfied up to the amount specified by the letter. It also usually replaces the ship as security and contains a submission to the jurisdiction of the competent court or , as well as an undertaking to accept service on behalf of the shipowners in personam besides in the name of the ship. Letters ad colligendum bona de functi Practice. In default of the representatives and creditors to administer to the estate of an intestate, the officer entitled to grant letters of administration, may grant to such person as he approves, letters to collect the goods of the deceased, which neither make him executor nor administrator; his only busness being to collect the goods and keep them in his safe custody. Letters close English law. Close letters are grants, of the king, and being of private concern, they are thus distinguished from letters patent. Letters of administration Legal document issued by a court that shows an administrator's legal right to take control of assets in the deceased person's name. Letters of request English ecclesiastical law. An instrument by which a judge of an inferior court waives or remits his own jurisdiction in favor of a court of appeal immediately superior to it. Letters patent The name of an instrument granted by the government to convey a right to the patentee; as, a patent for a tract of land; or to secure to him a right which he already possesses, as a patent for a new invention or discovery; Letters patent are a matter of record. They are so called because they are not sealed up, but are granted open. Letters rogatory A letter rogatory is an instrument sent in the name and by the authority of a judge or court to another, requesting the latter to cause to be examined, upon interrogatories filed in a cause depending before the former, a witness who is within the jurisdiction of the judge or court to whom such letters are addressed. In letters rogatory there is always an offer on the part of tbe court whence they issued, to render a similar service to the court to which they may be directed whenever required. Letters testamentary Legal document issued by a court that shows an executor's legal right to take control of assets in the deceased person's name. Lettuce (prison) In the US penitentiary slang, prisoners who go out to gang rape. PREVIOUS AND NEXT TERMS-------------------------------------- Letters of administration Legal document issued by a court that shows an administrator's legal right to take control of assets in the deceased person's name. Letters of request English ecclesiastical law. An instrument by which a judge of an inferior court waives or remits his own jurisdiction in favor of a court of appeal immediately superior to it. Letters patent The name of an instrument granted by the government to convey a right to the patentee; as, a patent for a tract of land; or to secure to him a right which he already possesses, as a patent for a new invention or discovery; Letters patent are a matter of record. They are so called because they are not sealed up, but are granted open. Letters rogatory A letter rogatory is an instrument sent in the name and by the authority of a judge or court to another, requesting the latter to cause to be examined, upon interrogatories filed in a cause depending before the former, a witness who is within the jurisdiction of the judge or court to whom such letters are addressed. In letters rogatory there is always an offer on the part of tbe court whence they issued, to render a similar service to the court to which they may be directed whenever required. Letters testamentary Legal document issued by a court that shows an executor's legal right to take control of assets in the deceased person's name. Letters testamentary, and of administration Levant et ciuchant Latin levantes et cubantes. Rising up and lying down. Where lands are not sufficiently fenced to keep out cattle, the landlord, at common law, cannot distrain them until thay have been long enough on the land to have lain down and risen up to feed -- one night at the least. After that period, the law presumes that the owner may have notice that his cattle have strayed, and it is negligence not to have taken them away. Levant et couchant This French phrase, which ought perhaps more properly to be couchant et levant, signifies literally rising and lying down. In law, it denotes that space of time which cattle have been on the land in which they have had time to lie down and rise again, which, in general, is held to be one night at least. Levari facias English law. A writ of execution against the goods and chattels of a clerk. Also the writ of execvtion on a judgment at the suit of the crown. When issued against an ecclesiastic, this writ is in effect the writ of fieri facias directed to the bishop of the diocese, commanding him to cause execution to be made of the goods and chattels of the defendant in his diocese. The writ also recites, that the sheriff had returned that the defendant had no lay fee, or goods or chattels whereof he could make a levy, and that the defendant was a beneficed clerk; &c., for cases when it issues at the suit of the crown. This writ is also used to recover the plain-tiff's debt; the sheriff is commanded to levy, such debt on the lands and goods of the defendant, in virtue of which he may seize his goods, and receive the rents and profits of his lands, till satisfaction be made to the plain-tiff. Leverage factors Considerations made by each parties pertaining to the issues that are being disputed. Levitical degrees Those degrees of 'kindred set forth' in the eighteenth chapter of Leviticus, within which persons are prohibited to marry. 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