CUM TESTAMENTO ANNEXO
(bouvier) | CUM TESTAMENTO ANNEXO. With the testament or will annexed. It often happens
that the deceased, although he makes a will, appoints no executor, or else
the appointment fails; in either of which events he is said to die quasi
intestatus. 2 Inst. 397. The appointment of an executor fails, 1st. When the
person appointed refuses to act. 2d. When the person appointed dies before
the testator, or before he has proved the will, or when, from any other
legal cause, he is incapable of acting. 3d. When the executor dies
intestate, (and in some places, as in Pennsylvania, whether he die testate
or intestate,) after having proved the will, but before he has administered
all the personal estate of the deceased. In all these cases, as well as when
no executor has been appointed, administration, with the will annexed, must
be granted by the proper officer. In the case where the goods are, not all
administered before the death of the executor, the administration is also
called an administration de bonis non.
2. The office of such an an administrator differs little from that of
an executor. Vide Com. Dig. Administration; Will. Ex. p. 1, b. 5, c. 3, s.
1; 2 Bl. Com. 504-5; 11 Vin. Ab. 78; Toll. 92 Gord. Law of Deced. 98.
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