prior administrator. But as a usual rule long lapses of time between the death of the administrator and the appointment of an administrator de bonis non will raise the presumption that full settlement of the estate has been made. The preference or choice in appointing an administrator of this sort is the same as for a general administrator. § 82. Temporary Administrations Administration may be limited to a certain length of time or to particular acts, during which period the temporary administrator has all the powers of an ordinary administrator. There are several divisions in this class that will be discussed in the remaining sections of this chapter. They are as follows: 1. Administration during minority (durante minore aetate). 2. Administration during absence (durante absentia). lite). 4. Administration ad litem. 5. Administration ad colligendum. Much weaker proof is sufficient to raise the presumption of the death of an intestate on an application for the appointment of a temporary administrator to collect, than is required for the appointment of a permanent administrator. In some states such temporary administrations will be known as special administration for special and limited purposes, but they embrace the same divisions as have been given. § 83. Administration During Minority (Durante Minore Aetate) This is granted where a person who has been named as sole executor by the will, or who would have the right to administer an intestate estate, is still under age and therefore legally incapable of serving until he or she arrives at the proper age. As in the case of an administrator de bonis non, where the executor appointed by the will is under age, the temporary representative chosen by the court will be known as an "administrator during minority with the will annexed," while in the case of no will having been left, the office will be simply "administrator during minority." Where, however, it happens that there is more than one person named as executor in the will, and one is under age, no administrator will be appointed, since the remaining executor can perform his part of the work until the other becomes of age and can assume his share. If, in the case cited above, both executors had been under age, an administrator during minority with the will annexed would have been appointed, and his office would cease immediately upon one of the executors coming of age, and qualifying for the office. § 84. Administration During Absence (Durante Absentia) This is granted where the regular executor or administrator has gone out of the jurisdiction, either on business or pleasure, or is so ill that he cannot perform his duties for a time. As in administration during minority, the moment the executor or administrator returns or becomes well enough to attend to his duties, administration during absence immediately ceases. § 85. Administration for the Purpose of a Suit (Pendente Lite) This is granted while a suit is pending in respect to the will, and the administrator is to care for the estate only until the suit is ended. No one should be appointed by the court to this trust who stands committed as to the choice of one contestant against the other, nor should the decedent's estate be subjected to the cost and encumbrance of such an administration, where a rightful executor or administrator whose appoint- The authority of such administrator ceases when the suit is settled; as, for example, where the will is contested, the administrator's duty ceases upon the admission of the will to probate. § 86. Administrator ad Litem Where the deceased was, or his estate is, a necessary party to a suit, an administrator may be appointed for the purpose of the action, and with no other authority. This is to be distinguished from administration pendente lite, which is authorized only when litigation is pending concerning the probate of the will of the deceased. A special administrator is sometimes appointed for the sole purpose of supplying a necessary party to an action to which the deceased was, or his estate is, a necessary party, and the administrator so appointed is termed an administrator ad litem.' § 87. Administration ad Colligendum An administration of this sort is granted where the principal executor or administrator has not yet been appointed, and there is property or goods of the decedent's estate which need immediate attention in order that they may not be ruined or mistreated. As soon as the principal executor or administrator has been appointed, the administration ad colligendum is at an end. An administrator ad colligendum is the mere agent or officer of the court and may be compelled at any time to give way to an administrator in chief. An administration of this sort will be granted only when there are neither kindred nor credi tors. 'Schouler, Wills, Executors and Administrators, Vol. II, p. 1134. In re Nugent, 77 Mich. 500; McKamy v. McNabb, 97 Tenn. 236. § 88. Termination of Temporary Administration Every special or temporary administrator, when his authority ceases, should remit or pay over to the general administrator or to the proper person whatever funds of the estate he may have, giving an account as to his work, assets, and disbursements, including the legal compensation for his services. If his report is to the satisfaction of the court, he will then be discharged and any responsibility on his part is at an end. REVIEW QUESTIONS 1. When is an administrator with the will annexed appointed? Who will be appointed administrator cum testamento annexo? 2. What is an ancillary administrator? What is the object of ancillary administration? In what place will be the principal administration? What does the ancillary administrator do? 3. What is an administrator de bonis non? What is the purpose of such administration? 4. What is temporary administration? For what purposes are tem porary administrators appointed? 5. What is the object of administration during minority? 6. What is administration during absence? 7. What is the function of an administrator pendente lite? What are the rules as to appointing such an administrator? 8. What is administration ad colligendum? 9. When do all temporary administrations terminate? What should such an administrator do when his office terminates? CHAPTER XI TAKING POSSESSION OF THE ASSETS § 89. The Title to the Assets "Assets" is defined by the Century Dictionary as "any goods or property or rights of action; property available for the payment of a deceased person's obligations or debts." They may be defined more generally as the sources for the payment of debts. Assets are distinguished as real or personal: Real assets are lands and real property, and in a solvent intestate estate these descend to the heir, while in a testate estate they descend to the devisees, and the administrator or the executor has no concern with them. But though the title goes to the heirs such title may be divested and sold by order of the court, if necessary, to pay valid obligations of the estate. Personal assets, or as it is phrased in the law, "goods, chattels and choses in action," go to the personal representative. He must first see that all debts and obligations of the estate are settled before he distributes any of the personal property to the legatees or distributees who may be entitled to them. If the entire amount of the personal property is not sufficient to pay the debts, he must secure an order from the proper court to sell some or all of the real property to satisfy the creditors. The personal representative has title to the assets superior to anyone else. Neither heirs nor legatees nor creditors have any right to any portion of the estate until it has passed through the hands of the personal representative. If an unauthorized individual interferes with the assets of a deceased person, or purloins or appropriates anything from |