cial or temporary administration is recognized and proper under the rules of the common law, and also to a large extent has been regulated by statute in many jurisdictions.

The powers of a special or temporary administrator are generally prescribed by statute or by the letters of administration issued to him. The court, in its discretion, may limit the powers of a special administrator to the performance of specified duties or regarding specific property. He may be directed merely to collect the assets of the estate in a case where such necessity exists, being sometimes designated as administrator ad colligen dum bona defuncti.*

8

The purpose of granting special or limited administration is to conserve the estate pending the appointment of a regular executor or administrator, the granting of such letters being delayed for some cause such as a contest as to the validity of the will or the right to administer the estate, or because of the temporary absence or inability of the one entitled to letters of administration to immediately qualify and act. Special or limited administration is not to be had after the appointment of the regular executor or administrator and his letters remain unrevoked. The appointment of a special or limited admin

5

2 Faulkner v. Daniel, 3 Hare 199, 217; Matter of Moore, 88 Cal. 1, 25 Pac. 915; People v. Salomon, 184 Ill. 490, 56 N. E. 815; Sullivan v. Nicoulin, 113 Iowa 76, 84 N. W. 978.

8 Goods of Kingwell, 81 L. T. N. S. 461; Goods of Agnese, (1900) P. 60; Goods of Baldwin, (1903) P. 61; McArthur v. Scott, 113 U. S.

340, 399, 28 L. Ed. 1015, 5 Sup. Ct. 652.

4 Goods of Stewart, 38 L. J. Prob. 39; Goods of Wyckoff, 3 Sw. & Tr. 20; Flora v. Mennice, 12 Ala. 836; Ex parte Baker, 118 Ala. 185, 23 So. 996; Kirwin v. Malone, 45 App. Div. (N. Y.) 93, 61 N. Y. Supp. 844.

5 Goods of Ponsonby, 44 Week.

istrator is addressed to the sound discretion of the court," and the court has inherent power to grant such limited administration whenever the ends of justice or the preservation of the estate demand that it be done." But if no legal cause for the appointment of a special administrator exists, the court is without jurisdiction to grant such administration. The presumption, however, is in favor of the regularity of the appointment."

§ 1277. Who Are Entitled to Special or Limited Letters of Administration.

Generally the one first entitled to letters testamentary or of administration has a prior right to special letters. But this can not be said to be the general rule. It could not apply where administration is granted during the minority of an infant or during the absence of the one named in the will as executor. And if the appointment of an administrator ad litem is necessary because of litigation in which the estate is involved, the one entitled to letters of administration should not be so appointed if he is adversely interested in the suit.10 It may be said generally that the right to such temporary appointment rests in the discretion of the court.11 The one named in a will

R. 240, 64 L. J. P. 119; Griffith v. Frazier, 8 Cranch (U. S.) 9, 3 L. Ed. 471; Pickering v. Weiting, 47 Iowa 242; Moran v. Hammer, 109 Ky. 333, 58 S. W. 988; Grece v. Helm, 91 Mich. 450, 51 N. W. 1106; Matter of Palmer, 117 N. C. 133, 23 S. E. 104.

6 Grece v. Helm, 91 Mich. 450, 51 N. W. 1106; McGregor v. Buel, 24 N. Y. 166.

7 McArthur v. Scott, 113 U. S.

340, 399, 28 L. Ed. 1015, 5 Sup. Ct. 652; Guthrie v. Welch, 24 App. Cas. (D. C.) 562.

8 State v. District Court, 34 Mont. 226, 85 Pac. 1022.

9 Lethbridge v. Lauder, 13 Wyo. 9, 76 Pac. 682.

10 Young v. Brown, 1 Hagg. Ecc. 54; Mootrie v. Hunt, 4 Bradf. (N. Y.) 173.

11 Guthrie v. Welch, 24 App. Cas. (D. C.) 562; Harrison v. Clark, 95

as executor may be granted temporary administration even though the will is contested.12 But should the will be contested on the ground that the one named as executor had exercised undue influence over the testator in procuring the will, he should not be so appointed.13

14

In some jurisdictions the matter is regulated by statute, thus giving preference to the person entitled to letters testamentary or of administration, with no appeal allowed from the order of appointment; or, where the will is contested, giving preference as in the case of intestacy,15 or precluding the one named as executor from receiving the special appointment under the statute which considers him as one of the parties to an action involving the validity of the will.16

§ 1278. Statutory Provisions Regarding Special Administra

tion.

Special administrators are often creatures of statute and the provisions for such an appointment are provided for in particular cases. Such statutes generally prescribe that such administration may be had when there is delay

Md. 308, 52 Atl. 514; Lamb v. Helm, 56 Mo. 420; Matter of Plath, 56 Hun (N. Y.) 223.

If one consents to the order appointing a special administrator, he can not thereafter complain that the order does not show the regularity of the appointment.Lethbridge v. Lauder, 13 Wyo. 9, 76 Pac. 682.

12 Wright v. Rogers, L. R. 2 P. & D. 179; Jones v. Hamersley, 2 Demarest (N. Y.) 286.

13 Haas v. Childs, 4 Demarest

(N. Y.) 137; Matter of Hilton, 29 Misc. Rep. (N. Y.) 532, 61 N. Y. Supp. 1073.

14 Cal. Code Civ. Pro., § 1413; Estate of Carpenter, 73 Cal. 202, 14 Pac. 677; Estate of Ohm, 82 Cal. 160, 22 Pac. 927.

15 In re Ming, 15 Mont. 79, 38 Pac. 228; State v. District Court, 49 Mont. 146, 140 Pac. 732; Appeal of Hoar, 18 Week. N. Cas. (Pa.) 503.

16 Hartley v. Lord, 38 Wash, 432, 80 Pac. 554.

from any cause in the granting of letters testamentary or of administration, or where no application is made for letters, or where such letters are granted irregularly, or where no sufficient bond is filed as directed by the court, or where an administrator dies or is suspended or removed by the court, leaving the office vacant. In such cases a special administrator is required that the assets of the estate may be preserved. Some statutes allow such a special administrator to be appointed without notice, the appointee being required to give a bond. Under some recent statutes a special administrator upon a proper showing may be authorized to mortgage real property, or to lease real estate, or to enter into an agreement to sell real property, or to give an option for the sale of. mining claims.17

When regular letters testamentary or of administration have been granted, the powers of the special administrator cease, and he is obliged forthwith to deliver to the executor or administrator all the property and effects of the decedent which have come into his hands. The executor or administrator in such a case may prosecute to final judgment any suit commenced by the special administrator. The special administrator must render an account of his proceedings the same as regularly appointed administrators, and he is entitled to a reasonable compensation for services rendered, which compensation must be fixed by the court at the time of the settlement of his final account.18

17 Cal. Code Civ. Pro., § 1415, as amended in 1917..

Under some statutes the powers of a special administrator are limited to the preservation and protection of the estate temporarily

until a general administrator or an executor has been appointed.Mont. Rev. Codes, § 7474; In re Dolenty's Estate, 53 Mont. 33, 161 Pac. 524.

18 Estate of Miller, 15 Cal. App.

§ 1279. Administrator Durante Minore Aetate.

When the one entitled to letters testamentary or of administration is a minor, the court may appoint an administrator during his minority, but upon attaining his majority the court may grant letters to him.19 Such administration is designated as administration durante minore ætate. In the instance where the minor is named executor in the will of the decedent, such administration would be likewise a species of administration with the will annexed.20 In cases of testacy, the rule applies only when the minor is named as sole executor. If the will of a decedent names several executors, the fact that one of them is a minor does not give the court the right to grant letters of administration during his minority, since the other executors, being of full age, can exercise the duties of the office.21 And if administration is granted during the minority of several infants, it terminates upon the eldest of such minors becoming of full age.22

In some jurisdictions it is provided by statute that if the one entitled to administer the estate be a minor, let

557, 115 Pac. 329; Estate of Moore, 88 Cal. 1, 25 Pac. 915; Estate of Ford, 29 Mont. 283, 74 Pac. 735.

19 Griffith v. Frazier, 8 Cranch (U. S.) 9, 3 L. Ed. 471; Ritchie v. McAuslin, 2 N. C. 220; Wallis v. Wallis, 60 N. C. 78.

20 As to when the guardian of an infant beneficiary has a preferred right to act as administrator, see § 1235.

As to infants as executors or administrators, see § 1201.

21 Pigot and Gascoigne's Case, Brownl. 46; Foxwist v. Tremaine, 1 Mod. 47, by Twisden, J.

See § 1201.

Contra: In Colborne v. Wright,

2 Lev. 239, it was held that where an infant and one of full age were named as executors, the one of full age was entitled to take out letters of administration during the minority of the infant and could declare as executor or as administrator durante minore ætate.

22 Bacon's Abr., tit. Exrs. & Admrs., B, 3; Taylor v. Watts, 1 Freem. 425; In re Cope, 16 Ch. Div. 49.