cum testamento annexo

CUM TESTAMENTO ANNEXO. With the testament or will annexed. 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 incapable of acting. 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 administrator 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; Toll. 92 Gord. Law of Deced. 98.