Letter

Letter in United Kingdom

Definition of Letters Of Administration

This is a term used in wills and probate matters.

Concept of Letter

The following is an old definition of Letter [1], a term which has several meanings:1. One of the characters which constitute the alphabet. Many letters of the alphabet, standing alone, denote abbreviations (see, in this resource, the term) of words; and all the letters, in their order, may be used to mark exhibits, see, in this resource, the term 2. Verbal expression, as opposed to the spirit and reason, of language: as, ” the letter ” of a document, of a law. See Litera; Casus, Omissus; Spirit. 3. A written communication, sealed or unsealed. A letter is certainly a “writing.” If addressed by one person to another, while we may call it a letter, it is also a writing, whether the characters are made with the pen, by type, or in any other manner. The word “letter” will include the envelope in which it is sent; as, in a notice to produce a letter. That a sealed tetter is not a publication, see Publication. The postmark on a letter is prima facie evidence that the letter was in the post-ofSqe at the time and place specified. A letter is presumed to reach its destination at the regular time, and to be received by the addressee, if living at the place and usually receiving letters there; as, in cases where notice of the protest of paper is to be sent to an indorser. See Protest. Congress has forbidden interference with the rapid transportation of the mails; detaining or opening let-ters, secreting the contents, or otherwise tampering with the mails; competition by private persons; sending obscene, scurrilous, disloyal letters or publications; and letters and circulars regarding illegal lotteries. See Delivery; Embezzlement; Lottery; Obscene. Negotiations merge into a contract the moment a stamped letter assenting to the proposed terms is mailed. See further Offer, 1. That a witness may refresh his memory by referring to a letter, see Refresh. If a letter offered in evidence purports to be a reply to a letter referred to, the latter must be called for, in order to be put in evidence with it. See Verbum, Verba illata. The author of letters, whether they are literary compositions, familiar letters, or letters of business, possesses the exclusive copyright in them. No person, other than he or his representative, not even the addressee, has a right to publish them upon any account, except upon such occasions as require or justify their public use; as, in a lawsuit, a letter necessary to establish one’s rights, or a letter sent to a paper to vindicate the writer’s reputation. For the stronger reason the addressee may not publish them for profit. In short, the addressee has but a limited right or special property in letters, as a trustee or bailee, for particular purposes, either of information or protection, or of support of his own rights and character. The general property belongs to the writer, whatever the character of the letters. An exception is made in favor of the government, as to official letters by public officers. The receiver of private letters cannot make them the subject of sale without the writer’s consent. Therefore, a contract to sell letters written to another person who advertised remedies for diseases, the purchaser intending to send an advertisement to the writers, is contrary to good morals, and void. See Manuscript.The courts will enjoin an Improper use ot a letter by the addressee Letter-book. A book containing copies of letters, the copies being made by mechanical process. A letter in such a book is prima facie evidence after notice to produce the original. See Copy. Letter-carrier. An employee of the post- office who delivers letters directly to addressees at their street and number. Letter-head. See Sign. Letter of advice. A communication from a factor to his principal, respecting their common business; also, a letter from the drawer of a bill of exchange informing the drawee of some fact respecting the bill. See Advice. Letter of credit. A letter written by one merchant or correspondent to another, requesting him to credit the bearer with a sum of money. A letter of request whereby one person requests some other person to advance money or give credit to a third person, and promises that he will repay or guarantee the same to the person making the advancement. Special letter of credit. A letter addressed to a particular individual by name, and gives no other person a right to act upon it. General letter of credit. A letter addressed to any and every person, and gives any one authority to advance money upon it. The language should receive a reasonable interpretation, according to the intent as disclosed by the instrument and the surrounding circumstances. Any ambiguity should be taken most strongly against the party who induces the other to give credit to the supposed intent. To construe the words with wise and technical care would not only defeat the Intentions of the parties, but render such instruments too unsafe a basis to rely upon for extensive credits. See further Exchange, 2, Bill of; Guaranty (2),Letter of recommendation. If the person who gives a commercial letter of recommendation honestly states his opinion, believing at the time that he states the truth, he is “not liable in an action of deceit, although the representation turns out to be untrue.1 See Communication, Privileged. lietter-press. See Letter-book. See also Circular; Communication; Decov; Mail; Post; Prejudice; Refer; Threat. 4. An instrument attesting the grant of a right or of authority. In this sense ” letters ” is used where only one instrument is referred to. Compare Presents (1). Letters missive. (1) In England, a communica,tion from the lord chancellor to a peer, made a defendant in equity, requesting him to appear and answer the bill. (2) In civil law, the papers sent, on appeal, to the court of review; letters dimissory: apostles, see, in this resource, the term Letter of attorney. An instrument conferring power of attorney upon an agent. See Attorney, Power of. Letter of license. See License. Letter of recall. Informs a government that a minister sent to it has been called home. Letters of administration. The instrument by which a person is empowered to take charge of the property of an intestate (generally), to collect the credits and pay the debts of the estate. Compare Letters Testamentary. See further Administer, 4. Letters of marque and reprisal. See Marque. Letters patent. Open letters: an unsealed document addressed by a government to all persons whom it may concern. Opposed, letters close: a document directed to a particular person, for some special purpose, and therefore closed up and sealed. Letters patent evidence grants from the government, as, of land, or a franchise. See further Patent; Grant, 3. Letters requisitory. See Letters Rogatory. Letters rogatory. A request by one court of another court in an independent jurisdiction, that a witness be examined under interrogatories sent with the request. Coming from the court of a foreign country, the ivitness maybe compelled to appearand depose in the circuit court to which the letters are sent. Compare Dedimus. Letters testamentary. The instrument under which a person named as executor in a will formally takes charge of the estate, and proceeds to carry out the directions in the will. Compare Letters of Administration. See further Executor.

Resources

Notes and References

  1. Meaning of Letter provided by the Anderson Dictionary of Law (1889) (Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims and an Exposition of the Principles of Law: Comprising a Dictionary and Compendium of American and English Jurisprudence; William C. Anderson; T. H. Flood and Company, Law Publishers, Chicago, United States)

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