CUM ONERE. This term is usually employed to show that something is taken, subject to a charge or burden.

CUM TESTAMENTO ANNEXO. With the testament¹ or will annexed². 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 incapable³ of acting⁴. 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 administrator⁵ 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; Toll⁶. 92 Gord. Law of Deced. 98.

CUMULATIVE⁷. Forming a heap; additional; as, cumulative evidence, or that which goes to prove the same point which has been established by other evidence. Cumulative legacy⁸, or accumulative legacy, is a second bequest⁹, given by the same testator to the same legatee. 2 Rop. Log. 19,. See 1 Saund. 134, n. 4; Remedy.

CUMULATIVE LEGACY. Vide Legacy accumulative; and 8 Vin. Ab. 308 1 Supp. to Ves. jr. 133, 282, 332.

CURATE, eccl. Iaw. One who represents the incumbent¹⁰ of a church, person, or20 vicar, and tades care of the church, and performs divine service in his stead.

CURATOR, persons, contracts. One who has been legally appointed to take care of the interests of one who, on account of his youth, or defect of his understanding, or for some other cause, is unable to attend to them himself.

2. There are curators ad bona, of property, who administer the estate of a minor¹¹, take care of his person, and intervene in all his contracts; curators ad litem, of suits, who assist the minor in courts of justice, and act as curator ad bona in cases where the interests of the curator are opposed to the interests of the minor. Civ. Code of Louis. art. 357 to 366. There are also curators of insane persons Id. art. 31; and of vacant successions and absent heirs. Id. art. 1105 to 1125.

3. The term curator is usually employed in the civil law, for that of guardian¹².

CURATORSHIP, offices, contracts, in the civil law. The power given by authority of law, to one or more persons, to administer the property of an individual who is unable to take care of his owu estate and affairs, either on account of his absence without an authorized¹⁴ agent, or in consequence of his prodigality¹⁵, or want of mind. Poth. Tr. des Personnes, t. 6, s. 5. As to the laws of Louisiana, which authorize¹³ a curatorship, vide Civ. Code, art. 31, 50, et seq. 357, et seq.; 382, 1105, et seq.

2. Curatorship differs from tutorship, (q. v.) in this, that the latter is instituted for the protection of property in the first place, and, secondly¹⁶, of the person; while the former is intended to protect, first, the person, and, secondly, the property. 1 Lecons Elem. du Droit Civ. Rom. 241.