LEGITIMACY. The state of being born in wedlock; that is, in a lawful manner. plication of the putative father to court, either where he has married the mother, or she is dead, or married another, or lives out of the state. In a number of the states, namely, in Alabama, Connecticut, Illinois, Indiana, Kentucky, Maine, Massachusetts, Michigan, North Carolina, Ohio, Rhode Island, Tennessee, Vermont, and Virginia, a bastard takes by 2. Marriage is considered by all civilized nations as the only source of legitimacy; the qualities of husband and wife must be possessed by the parents in order to make the offspring legitimate; and, furthermore, the marriage must be lawful, for if it is void ab initio, the children who may be the off-descent from his mother, with modifications spring of such marriage are not legitimate. 1 Phillipps, Ev.; La. Civ. Code, art. 203 to 216. In Virginia, it is provided, by statute of 1787, "that the issue of marriages deemed null in law shall nevertheless be legitimate." 3 Hen. & M. Va. 228, n. 3. A strong presumption of legitimacy arises from marriage and cohabitation; and proof of the mother's irregularities will not destroy this presumption: pater est quem nuptia demonstrant. To rebut this presumption, circumstances must be shown which render it impossible that the husband should be the father, as impotency and the like. 3 Bouvier, Inst. n. 3062. See BASTARD. LEGITIMATE. That which is according to law: as, legitimate children are lawful children, born in wedlock, in contradistinction to bastards; legitimate authority, or lawful power, in opposition to usurpation LEGITIMATION. The act of giving the character of legitimate children to those who were not so born. 2. In Louisiana, the Civil Code, art. 217, enacts that "children born out of marriage, except those who are born of an incestuous or adulterous connection, may be legitimated by the subsequent marriage of their father and mother, whenever the latter have legally acknowledged them for their children, either before their marriage, or by the contract of marriage itself." 3. In most of the other states, the character of legitimate children is given to those who are not so, by special acts of assembly. In Georgia, real estate may descend from a mother to her illegitimate children and their representatives, and from such child, for want of descendants, to brothers and sisters, born of the same mother, and their representatives. Prince's Dig. 202. In Alabama, Kentucky, Mississippi, Vermont, and Virginia, subsequent marriages of parents, and recognition by the father, legitimatize an illegitimate child; and the law is the same in Massachusetts, for all purposes except inheriting from their kindred. Mass. Rev. Stat. 414. 4. The subsequent marriage of parents legitimatizes the child in Illinois; but he must be afterwards acknowledged. The same rule seems to have been adopted in Indiana and Missouri. An acknowledgment of illegitimate children, of itself, legitimatizes in Ohio; and in Michigan and Mississippi, marriage alone between the reputed parents has the same effect. In Maine, a bastard inherits to one who is legally adjudged, or in writing owns himself to be, the father. A bastard may be legitimated in North Carolina, on ap regulated by the laws of these states. 2 Hill, Abr. 3 24-35, and authorities cited. See DESCENT. LEGITIME. In Civil Law. That portion of a parent's estate of which he cannot disinherit his children without a legal cause. 2. The civil code of Louisiana declares that donations inter vivos or mortis causâ cannot exceed twothirds of the property of the disposer, if he leaves at his decease a legitimate child; one-half if he leaves two children; and one-third if he leaves three or a greater number. Under the name of children are included descendants of whatever degree they may be: it must be understood that they are only counted for the child they represent. La. Civ. Code. art. 1480. In Holland, Germany, and Spain, the principles of the Falcidian law, more or less limited, have been generally adopted. Coop. Just. 516. 3. In the United States, other than Louisiana, and in England, there is no restriction on the right of bequeathing. But this power of bequeathing did not originally extend to all a man's personal estate: on the contrary, by the common law, as it stood in the reign of Henry II., a man's goods were to be divided into three equal parts, one of which went to his heirs or lineal descendants, another to his wife, and the third was at his own disposal; or, if he died without a wife, he might then dispose of one moiety, and the other went to his children; and so e converso if he had no children, the wife was entitled to one moiety, and he might bequeath the other; but if he died without either wife or issue, the whole was at his own disposal. Glanville, 1. 2, The shares of the wife c. 5; Bracton, 1. 2, c. 26. and children were called their reasonable part. 2 Blackstone, Comm. 491. See DEATH'S PART; FALCIDIAN LAW. LENDER. He from whom a thing is borrowed. The bailor of an article loaned. See BAILMENT; LOAN. LESION. In Civil Law. A term used to signify the injury suffered, in consequence of inequality of situation, by one who does not receive a full equivalent for what he gives in a commutative contract. The remedy given for this injury is founded on its being the effect of implied error or imposition; for in every commutative contract equivalents are supposed to be given and received. La. Code, 1854. Persons of full age, however, are not allowed in point of law to object to their agreements as being injurious, unless the injury be excessive. Pothier, Obl. p. 1, c. 1, s. 1, art. 3, ¿ 4. But minors are admitted to restitution, not only against any excessive inequality, but against any inequality whatever. Pothier, Obl. p. 1, c. 1, s. 1, art. 3, 5; La. Code, art. 1858. FRAUD; GUARDIAN; SALE. See LESSEE. He to whom a lease is made. He who holds an estate by virtue of a lease. See LEASE. R. He who grants a lease. See to a certiorari issuing out of a superior court tice. A written instrument, by which one or more persons, called the constituents, au- thorize one or more other persons, called the Hindrance; obstacle; obstruction. attorneys, to do some lawful act by the latter grant the use and possession of for or instead, and in the place, of the former. compensation. It is the correla-1 Mood. Cr. Cas. 52, 70. It may be parol or A book containing the copies of letters writ ten by a merchant or trader to his corre- R. He who, being the owner of a it out to another for hire or com- Story, Bailm. 369. See HIRING. age, usually on paper, folded up After notice to the plaintiff to produce a and sent by one person to another. from the defendant, it was held that an entry letter which he admitted to have received business of transporting and de- by a deceased clerk, in a letter book profess- ers between different towns, states, ing to be a copy of a letter from the de- es, and from one part of a city to fendant to the plaintiff of the same date, was undertaken by the government, admissible evidence of the contents, proof persons are forbidden to enter having been given that, according to the course of business, letters of business written nited States the various acts re-by the plaintiff were copied by this clerk and post-office were reduced to one act tory, U. S. Laws, 1991, Brightly, y which severe penalties are in- LETTER CARRIER. A person em- ransportation of the mails, upon the persons to whom they are addressed. who tamper with the mails, as by Provisions are made by the act of March 3, ters, secreting the contents, etc., 1851, 11 U. S. Stat. at Large, 591, for the ap- ition of private individuals pre-pointment of letter carriers in cities and towns, and by c. 21, 2 of the same act, for letter carriers in Oregon and California. mets may be made by letter; and position is made by letter, the tter containing an acceptance of national Law. A written instrument ad- tion completes the contract. 1 Aid. 681; 6 Hare, 1; 1 Hou. L. of a state to the sovereign or state to whom dressed by the sovereign or chief magistrate Mees. & W. Exch. 515; 21 N. H. e, Ch. N. Y. 17; 11 N. Y. 441; 4 a public minister is sent, certifying his ap- Conn. 431; 7 Dan. Kv. 281: 9pointment as such, and the general object of 15; 5 Penn. St. 339; 9 How. 390; and credit may be given to what he shall do his mission, and requesting that full faith 8. See 1 Pick. Mass. 281; Par- and say on the part of his court. When it is given to an ambassador, envoy, s may be made by letter at the or minister accredited to a sovereign, it is ad- reditor, when the debtor is author-dressed to the sovereign or state to whom the --ly or impliedly, from the usual minister is delegated; in the case of a chargé siness, and not otherwise. Peake, d'affaires, it is addressed by the secretary or minister of state charged with the department of foreign affairs to the minister of foreign affairs of the other government. Wheaton, letter containing information of tances unknown to the person to written; generally informing him done by the writer of the letter. al and perfectly proper for the bill of exchange to write a letter the drawee, as well to prevent eration of the bill, as to let the w. The decree or warrant of the urt or court of sessions, discharg- -rior tribunal from all further pro- sealed letter, from a merchant in one place, directed to another, in another place or coun- try, requiring him that if a person therein named, or the bearer of the letter, shall have occasion to buy commodities, or to want money to any particular or unlimited amount, either to procure the same, or to pass his promise, bill, or other engagement for it, the writer of the letter undertaking to provide him the money for the goods, or to repay him by exchange, or to give him such satisfaction 336. letter. And see 4 id. 259, for a form of such armed for its own defence in case of attack by an enemy, is also called a letter of marque. 1 Boulay Paty, tit. 3, 2, p. 300. By the constitution, art. 1, 2 8, cl. 11, congress have power to grant letters of marque and reprisal. See Chitty, Law of Nat. 73; 1 Blackstone, Comm. 251; Viner, Abr. Prerogative (B 4); Comyns, Dig. Prerogative (B 4): Molloy, b. 1, c. 2, 10; 2 Wooddeson, 440; 2 C. Rob. Adm. 224; 5 id. 9, 260. And see REPRISAL. an injury committed by such state, its citizens or subjects. A vessel loaded with mer2. These letters are either general or spe-chandise, on a voyage to a friendly port, but cial: the former is directed to the writer's friends or correspondents generally, where the bearer of the letter may happen to go; the latter is directed to some particular person. When the letter is presented to the person to whom it is addressed, he either agrees to comply with the request, in which case he immediately becomes bound to fulfil all the engagements therein mentioned; or he refuses, in which case the bearer should return it to the giver without any other proceeding, unless, indeed, the merchant to whom the letter is directed is a debtor of the merchant who gave the letter, in which case he should procure the letter to be protested. 3 Chitty, Com. Law, 337; Malyn, 76; 1 Beaw. Lex Mer. 607; Hall, Adm. Pract. 14; 4 Ohio, 197. LETTER MISSIVE. In English Law. A request addressed to a peer, peeress, or lord of parliament, against whom a bill has been filed, desiring the defendant to appear and answer to the bill. It is issued by the lord chancellor, on petition, after the filing of the bill; and a neglect to attend to this places the defendant, in relation to such suit, on the same ground as other defendants who are not peers, and a subpoena may then issue. Newland, Pr. 9; 2 Maddock, Chanc. Pract. 196; Cooper, Eq. Plead. 16. LETTER OF RECALL. A written document addressed by the executive of one government to the executive of another, informing the latter that a minister sent by the former to him has been recalled. LETTER OF RECOMMENDATION. In Commercial Law. An instrument given by one person to another, addressed to a third, in which the bearer is represented as worthy of credit. 1 Bell, Comm. 5th ed. 371; 3 Term, 51; 7 Cranch, 69; Fell, Guar. c. 8; 6 Johns. N. Y. 181; 13 id. 224; 1 Day, Conn. 22. See RECOMMENDATION. 3. The debt which arises on such letter, in its simplest form, when complied with, is between the mandatory and the mandant; though it may be so conceived as to raise a debt also against the person who is supplied by the mandatory. First, when the letter is purchased with money by the person wishing for the foreign credit, or is granted in consequence of a check on his cash account, or procured on the credit of securities lodged with the person who granted it, or in payment of money due by him to the payee, the letter is, in its effects, similar to a bill of exchange drawn on the foreign merchant. The payment of the money by the person on whom the letter is granted raises a debt, or goes into account between him and the writer of the letter, but raises no debt to the person who pays on the letter, against him to whom the money is paid. Second, when not so LETTER OF RECREDENTIALS. purchased, but truly an accommodation, and A document delivered to a minister by the meant to raise a debt on the person accom- secretary of state of the government to which modated, the engagement generally is, to see he was accredited. It is addressed to the expaid any advances made to him, or to guar-ecutive of the minister's country. This is in anty any draft accepted or bill discounted; and the compliance with the mandate, in such reply to the letter of recall. case, raises a debt both against the writer of the letter and against the person accredited. 1 Bell, Comm. 371, 5th ed. The bearer of the letter of credit is not considered bound to receive the money; he may use the letter as he pleases, and he contracts an obligation only by receiving the money. Pothier, Contr. de Change, 237. LETTER OF LICENSE. An instrument or writing made by creditors to their insolvent debtor, by which they bind themselves to allow him a longer time than he had a right to, for the payment of his debts, and that they will not arrest or molest him in his person or property till after the expiration of such additional time. LETTER OF MARQUE AND REPRISAL. A commission granted by the government to a private individual, to take the property of a foreign state, or of the citizens or subjects of such state, as a reparation for LETTERS OF ADMINISTRATION. An instrument in writing, granted by the judge or officer having jurisdiction and power of granting such letters, thereby giving (the administrator, naming him) "full power to administer the goods, chattels, rights, and credits, which were of the said deceased, in the county or district in which the said judge or officer has jurisdiction; as also to ask, collect, levy, recover, and receive the credits whatsoever of the said deceased, which at the time of his death were owing, or did in any way belong, to him, and to pay the debts in which the said deceased stood obliged, so far forth as the said goods and chattels, rights and credits, will extend, according to the rate and order of law." See LETTERS TESTAMENTARY. LETTERS CLOSE. In English Law. Close letters are grants of the king, and, being of private concern, they are thus distinguished from letters patent. ERS AD COLLIGENDUM ES OF REQUEST. In Eng- tween the parties, and then request the said judge or tribunal to cause the witnesses to come before them and answer to the interrogatories annexed to the letters rogatory, to cause their depositions to be committed to writing and returned with the letters rogatory. In letters rogatory there is always an offer, on the part of the court whence they issued, to render a mutual service to the court to which they may be directed, whenever required. The practice of such letters is derived from the civil law, by which these letters are sometimes called letters requisitory. A special application must be made to court to obtain an order for letters rogatory. 4. Though formerly used in England in the courts of common law, 1 Rolle, Abr. 530, pl. 13, they have been superseded by commissions of dedimus potestatem, which are considered to be but a feeble substitute. Dunlap, Adm. Pract. 223, n.; Hall, Adm. Pract. 37. The courts of admiralty use these letters; and they are recognized by the law of nations. See Felix, Droit Intern, liv. 2, t. 4, p. 300; Denisart; Dunlap, Adm. Pract. 221; Benedict, Adm. 533; 1 Hoffman, Ch. N. Y. 482. In Nelson vs. United States, supra, will be found a copy of letters rogatory, issued to the courts of Havana, according to the form and practice of the civil law, on an occasion when the authorities there had prevented the execution of a commission, regarding any attempts to take testimony under it as an eir jurisdiction as courts of ap-interference with the rights of the judicial . Eccl. 406. The effect of letters tribunals of that place. to give jurisdiction to the appelthe first instance. See a form request in 2 Chitty, Pract. 498, S ROGATORY. An instruthe name and by the authority or court to another, requesting cause to be examined, upon infiled in a cause depending before witness who is within the jurise judge or court to whom such dressed. are sometimes denominated sub itudinis, from a clause which y contain. Where the governeign country, in which witnesses be examined reside, refuse to issioners to administer oaths to es, or to allow the commission to unless it is done by some magiscial officer there, according to the = country, letters rogatory must missioners are forbidden to adhs in the island of St. Croix, 6 476; in Cuba, 1 Pet. C. C. 236; N. Y. 446; and in Sweden. 2 .236. letters are directed to any judge aving jurisdiction of civil causes country, recite the pendency of court, and state that there are nesses residing there, without mony justice cannot be done be LETTERS TESTAMENTARY. An instrument in writing granted by the judge or officer having jurisdiction of the probate of wills, under his hand and official seal, making known that at a certain date the last will and testament of A B (naming the testator) was duly proved before him; that the probate and grant of administration was within his jurisdiction, and he accordingly certifies "that the administration of all and singular the goods, chattels, and credits of the said deceased, and any way concerning his will, was granted" to C D, "the executor named in the said will," "he having been already sworn well and faithfully to adminis ter the same, and to make a true and perfect inventory, etc., and to exhibit the same, etc., and also to render a just and true account thereof." 2. In England, the original will is deposited in the registry of the ordinary or metropolitan, and a copy thereof made out under his seal; which copy and the letters testamentary are usually styled the probate. This practice has been followed in some of the United States; but where the will needs to be proved in more than one state, the impounding of it leads to much inconvenience, In other states, the original will is returned to the executor, with a certificate that it has been duly proved and recorded, and the letters testamentary are a separate instru ment. The letters are usually general; but the court may grant a limited probate, where the testator has limited the executor, and then the administration cæterorum may be granted. 3. Letters testamentary are granted in case the decedent was testate; letters of administration, in case he was intestate, or failed to provide an executor; see ADMINISTRATION; EXECUTOR; but in regard to all matters coming properly under the heads of letters of administration or letters testamentary, there is little or no difference in the law relating to the two instruments. Letters testamentary and of administration are, according to their terms and extent, conclusive as to personal property while they remain unrevoked. They cannot be questioned in a court of law or of equity, and cannot be impeached, even by evidence of fraud or forgery. Proof that the testator was insane, or that the will was forged, is inadmissible. 16 Mass. 433; 1 Lev. 236. But if the nature of his plea raise the issue, the defendant may show that the seal of the supposed probate has been forged, or that the letters have been revoked, or that the testator is alive. 15 Serg. & R. Penn. 42; 3 Term, 130; Williams, Exec. 450. 4. They can be revoked only by the court whence they issued, or on appeal. At common law, the executor or administrator has no power over real estate; nor is the probate even admissible as evidence that the instrument is a will, or as an execution of a power to charge land. Williams, Exec. 460; 1 Mann. & G. 331. By statute, the probate may be made prima facie or conclusive evidence as to realty. 2 Binn. Penn. 511; 3 id. 498; 6 id. 409; Gilbert, Ev. 66; Bacon, Abr. Evidence. Though the probate court has exclusive jurisdiction of the grant of letters, yet where a legacy has been obtained by fraud, or the probate has been procured by fraud on the next of kin, a court of equity would hold the legatee or wrong-doer as obligated by a trust for the party injured. Williams, Exec. 452. Letters may be revoked by the court which made the grant, or an appeal to a higher tribunal, reversing the decision by which they were granted. Special or limited administration will be revoked on the occasion ceasing which called for the grant. An executor or administrator will be removed when the letters were obtained improperly. Williams, Exec. 480. 5. Of their effect in a state other than that in which legal proceedings were instituted. In view of the rule of the civil law, that personalia sequitur personam, certain effect has been given by the comity of nations to a foreign probate granted at the place of the domicil of the deceased, in respect to the personal assets in other states. At common law, the lex loci rei sita governs as to real estate, and the foreign probate has no validity; but as to personalty the law of the domicil governs both as to testacy and intestacy. It is customary, therefore, on a due exemplification of the probate granted at the place of domicil, to admit the will to probate, and issue letters testamentary, without requiring original or further proof. A foreign probate at the place of domicil has in itself no force or effect beyond the jurisdiction in which it was granted, but on its production fresh probate will be granted thereon in all other jurisdictions where assets are found. This is the general rule, but is liable to be varied by statute, and is so varied in some of the states of the United States. 6. Alabama. Administrators may sue upon letters of administration granted in another state, where the intestate had no known place of residence in Alabama at the time of his death, and no representative has been appointed in the state; but before rendition of the judgment he must produce to the court his letters of administration, authenticated according to the laws of the United States, and the certificate of the clerk of some county court in this state, that the letters have been recorded in his office. Before he is entitled to the money on the judgment, he must also give bond, payable to the judge of the court where the judgment is rendered, for the faithful administration of the money received. Aiken, Dig. 183; Toulmin, Dig. 342. in Arkansas, and he devised lands by will, or where the intestate died possessed of lands, letters testamentary or of administration shall be granted in the county where the lands lie, or of one of them, if they lie in several counties; and if the deceased had no such place of residence and no lands, such letters may be granted in the county in which the testator or intestate died, or where the greater part of his estate may be. Rev. Stat. c. 4, 2. Arkansas. When the deceased had no residence 7. California. When the estate of the deceased is in more than one county, he having died out of the state, and not having been a resident thereof at the time of his death, the probate court of that county in which application is first made for letters testamentary or of administration shall have exclusive jurisdiction of the settlement of the estate. Wood, Cal. Dig. art. 2223. Connecticut. Letters testamentary issued in another state are not available in this, 3 Day, Conn. 303; nor are letters of administration. 3 Day, Conn. 74. And see 2 Root, Conn. 462. 8. Delaware. By the act of 1721, 1 State Laws, 82, it is declared, in substance, that when any per son shall die leaving bona notabilia in several counties in the state and in Pennsylvania or elsewhere, and any person not residing in the state obtains letters of administration out of the state, the deceased being indebted to any of the inhabitants of the state for a debt contracted within the same, to the value of twenty pounds, then, and in such case, such administrator, before he can obtain any judgment in any court of record within the state against any inhabitant thereof, by virtue of such letters of administration, is obliged to file them with some of the registers in this state, and must enter into bonds with sufficient sureties, who have visible estates here, with condition to pay and satisfy all such debts as were owing by the intestate at the time of his death to any person residing in this state, so far as the effects of the deceased in this state will extend. By the act of June 16, 1769, 1 State Laws, 448, it is enacted, in substance, that any will in writing made by a person residing out of the state, whereby any lands within the state are devised, which shall be proved in the chancery in England, Scotland, Ireland, or any colony, plantation, or island in America, belonging to the king of Great Britain, or in the hustings, or mayor's court, in London, or in some manor court, or before such persons as have power or authority at the |