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ADMINISTRATOR

Volume 1 · 302 words · 1815 Edition

in Law, he to whom the ordinary commits the administration of the goods of a person deceased, in default of an executor.—An action lies for or against an administrator, as for or against an executor; and he shall be accountable to the value of the goods of the deceased, and no farther:—unless there be waste, or other abuse chargeable on him. If the administrator die, his executors are not administra- tors; but the court is to grant a new administration. —If a stranger, who is neither administrator nor exe- cutor, take the goods of the deceased and administer, he shall be charged and sued as an executor, not as an administrator. The origin of administrators is derived from the civil law. Their establishment in England is owing to a statute made in the 31st year of Ed- ward III. Till then, no office of this kind was known beside that of executor: in case of a want of which, the ordinary had the disposal of goods of persons in- testate, &c.

in Scots Law, a person legally empowered to act for another whom the law presumes incapable of acting for himself. Thus tutors or cura- tors are sometimes styled administrators in law to pu- pils, minors, or fatuous persons. But more generally the term is used to imply that power which is confer- red by the law upon a father over the persons and property of his children during their minority. See Law.

ADMINISTRATOR is sometimes used for the pre- sident of a province; for a person appointed to receive, manage, and distribute, the revenues of a hospital or religious house; for a prince who enjoys the revenues of a secularized bishop; and for the regent of a king-

dom during the minority of a prince, or a vacancy of the throne.