A formal document issued by a probate court to appoint the administrator of an estate. • Letters of administration originated in the Probate of Testaments Act of 1357 (31 Edw. 3, ch. 4), which provided that in case of intestacy the ordinary (a high-ranking ecclesiastical official within a territory) should depute the decedent’s closest friends […]
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ademption ([schwa]-demp-sh[schwa]n), n. Wills & estates. The destruction or extinction of a testamentary gift by reason of a bequeathed asset’s ceasing to be part of the estate at the time of the testator’s death; a beneficiary’s forfeiture of a legacy or bequest that is no longer operative. • There are two theories of ademption. Under
Louisana law. A testamentary disposition of all immovable property, or all movable property, or a fixed proportion of all immovable property or of all movable property. La. Civ. Code art. 1612. Cf. general legacy; particular legacy; universal legacy.
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A testamentary donation of a bodily organ or organs, esp. for transplant or for medical research. • The procedures for making an anatomical gift are set forth in the Uniform Anatomical Gift Act, which has been adopted in every state. [Cases: Dead Bodies 1. C.J.S. Dead Bodies §§ 1–3.]
power of appointment. A power created or reserved by a person having property subject to disposition, enabling the donee of the power to designate transferees of the property or shares in which it will be received; esp., a power conferred on a donee by will or deed to select and determine one or more recipients
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The part of a decedent’s estate remaining after payment of all debts, expenses, statutory claims, taxes, and testamentary gifts (special, general, and demonstrative) have been made. — Also termed residual estate; residue; residuary; residuum. [Cases: Wills 586. C.J.S. Wills §§ 1176–1179, 1184.]
propounder. An executor or administrator who offers a will or other testamentary document for admission to probate; PROPONENT.
legate (leg-it), n. [fr. Latin legare “to send as an envoy”] 1. Roman law. An official who undertakes a special mission for the emperor, or an official or body such as a municipality. 2. Roman law. A person deputed to assist or act for the emperor, a governor, or a general in a military or
divide-and-pay-over rule. Wills & estates. The principle that if the only provisions in a testamentary disposition are words ordering that payment be made at some time after the testator’s death, time will be of the essence and the interest is future and contingent rather than vested and immediate. [Cases: Wills 630(6). C.J.S. Wills § 1339.]
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