A philologicall commentary, or, An illustration of the most obvious and useful words in the lavv with their distinctions and divers acceptations, as they are found as well in reports antient and modern as in records and memorials never printed : usefull for all young students of the law / by Edward Leigh ...

ADMINISTRATOR.

Administrator, is he to whom the ordinary (id est) the Bishop doth commit or give power to dispose and administer the goods, and Chat∣tels within his Diocess belonging to any person that is dead, without Executor for the benefit of* 1.1 such persons, or if the Party make a Will and Executor and they all refuse, or the Executor be within the age of 17 years.

Administrator durante min••re aetate, cannot sell* 1.2 any of the goods of the dead, unless it be of neces∣sity for the payment of debts, or b••na 〈…〉〈…〉, for he hath his office of administration 〈…〉〈…〉∣d•• of the Infant, and not for his prejudice. The words of such Letters are, Administ••ati••n••m ••mni∣um & singalorum bonorum ad ••p••••••, ••••min dum, & utilitatem exe••utri••. durante sua mia••••e aetate & non aliter, nec alio modo commit••imus; such administration ceaseth at the age of seventeen of the Infant. Where one hath goods onely in an in∣feriour Diocess, yet the Metropolitan of the same Province, pretending that he had bona notabilia in divers Diocesses, commits administration▪ this administration is not vo••••, but voidable by sen∣tence, because the Metropolitane hath jurisdicti∣on over all the Diocesses within his Province, but if

an Ordinary of a Diocesse commit administration of goods, when the Party hath 〈…〉〈…〉 in divers Diocesses, such administration is meerly void, both for the goods in his Diocesse, and else∣where, because that by •••• means he can have ju∣risdiction of the Cause.

Notes

• * 1.1

  Cook 5. fol. 2••. Piggots case.
• * 1.2

  Cook 5. Rep Princes Case.