general executor
An executor who has the power to administer a decedent’s entire estate until its final settlement.
Search Results for: general executor
heirloom
heirloom. 1. An item of personal property that by local custom, contrary to the usual legal rule, descends to the heir along with the inheritance, instead of passing to the executor or administrator of the last owner. • Traditional examples are an ancestor’s suit of armor, family portraits, title deeds, and keys. Blackstone gave a
de rationabili parte bonorum
de rationabili parte bonorum (dee rash-[ee]-[schwa]-nay-b[schwa]-lIpahr-tee b[schwa]-nor-[schwa]m), n. [Law Latin “of reasonable share of goods”] Hist. A writ allowing the wife and children of a dead man to recover a reasonable share of his goods from his executors after his debts were paid. • This writ was usu. founded on custom rather than the general
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finesur cognizance de droit come ceo que il ad de son done
fine sur cognizance de droit, come ceo que il ad de son done (fIn s[schwa]r kon-[schwa]-z[schwa]nts d[schwa] droyt, kom say-oh kweel ad d[schwa]sawni dawin). [Law French “a fine upon acknowledgment of the right, as that which he has of his gift”] Hist. The most common fine of conveyance, by which the defendant (also called the
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ante litem motam
ante litem motam (an-tee lI-tem moh-t[schwa]m). [Law Latin “before the lawsuit was started”] Hist. Before an action has been raised; before a legal dispute arose — i.e., at a time when the declarant had no motive to lie. • This phrase was generally used in reference to the evidentiary requirement that the acts upon which
precedence
precedence (pres-[schwa]-d[schwa]nts or pr[schwa]-seed-[schwa]nts), n. 1. The order or priority in place or time observed by or for persons of different statuses (such as political dignitaries) on the basis of rank during ceremonial events. 2. Generally, the act or state of going before something else according to some system of priorities. 3. Parliamentary law. The
spousal allowance
A portion of a decedent’s estate set aside by statute for a surviving spouse, regardless of any testamentary disposition or competing claims. • This allowance is superior to the claims of general creditors. In some states, it is even preferred to the expenses of administration, funeral, and last illness of the spouse. — Also termed
administration action
administration action 〈英〉遗产管理诉讼 指由债权人、遗嘱执行人〔executor〕、遗产管理人〔administrator〕或与遗产有利益关系的任何人(如继承人、受遗赠人、最近的亲属〔next-of-kin〕等)在高等法院衡平分庭提起的，以保证对死者遗产进行适当管理的诉讼，可以令状〔writ〕或初始传票〔originating summons〕开始。若法院受理后发出一般遗产管理令〔order for the general administration of the estate〕，则遗嘱执行人或遗产管理人〔personal representatives〕未经法庭批准不得行使权力。债权人也不能起诉遗嘱执行人或遗产管理人要求其还债。在以前，所有的案件中都要求提供遗产管理保证书，但1972年以后，法庭可以要求遗产管理人提供保证人，对遗嘱执行人则不要求提供担保。
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register of wills
A public official who records probated wills, issues letters testamentary and letters of administration, and serves generally as clerk of the probate court. • The register of wills exists only in some states. [Cases: Executors and Administrators 8. C.J.S. Executors and Administrators §§ 12–13.]