ancillary

/aensaleriy/ Aiding; attendant upon; describing a proceeding attendant upon or which aids another proceeding considered as principal. Auxiliary or subordinate

@ ancillary administration

Administration of estate in state where decedent has property and which is other than where decedent was domiciled. First Nat. Bank v. Blessing, 231 Mo.App. 288, 98 S.W.2d 149, 151.

Administration or probate taken out in a second or subsequent jurisdiction to collect assets or to commence litigation on behalf of the estate in that jurisdiction. Ancillary administration of estates is usually governed by state statutes.

See e.g., Uniform Probate Code, No. 4-101 et seq

2)

Ancillary administration is auxiliary and subordinate to the administration at the place of the decedent's domicile; it may be taken out in any foreign state or country where assets are locally situated, and is merely for the purpose of collecting such assets and paying debts there.

@ ancillary attachment

One sued out in aid of an action already brought; its only office being to hold the property attached under it for the satisfaction of the plaintiffs demand

@ ancillary bill

@ ancillary suit

@ ancillary bill or suit

ancillary bill or suit

One growing out of and auxiliary to another action or suit, either at law or in equity, such as a bill for discovery, or a proceeding for the enforcement of a judgment, or to set aside fraudulent transfers of property. One growing out of a prior suit in the same court, dependent upon and instituted for the purpose either of impeaching or enforcing the judgment or decree in a prior suit. Gaspers v. Watson, C.C.A.I1L, 132 F.2d 614, 615

@ ancillary claim

Term "ancillary" denotes any claim that reasonably may be said to be collateral to, dependent upon, or otherwise auxiliary to a claim asserted within federal jurisdiction in action. Hartley Pen Co. v. Lindy Pen Co., D.C.Cal., 16 F.R.D. 141, 154.

Claim is "ancillary" when it bears a logical relationship to the aggregate core of operative facts which constitutes main claim over which court had independent basis of federal jurisdiction. Nishimatsu Const. Co., Ltd. v. Houston Nat. Bank, C.A.Tex., 515 F.2d 1200, 1205.

See also counterclaim (compulsory counterclaim)

@ ancillary jurisdiction

Power of court to adjudicate and determine matters incidental to the exercise of its primary jurisdiction of an action. Under "ancillary jurisdiction doctrine" federal district court acquires jurisdiction of case or controversy as an entirety and may, as incident to disposition of matter properly before it, possess jurisdiction to decide other matters raised by case, though district court could not have taken cognizance of them if they had been independently presented. Ortman v. Stanray Corp., C.A.I11., 371 F.2d 154, 157.

Such jurisdiction of federal court generally involves either proceedings which are concerned with pleadings, processes, records or judgments of court in principal case or proceedings which affect property already in court's custody. Cooperative Transit Co. v. West Penn. Electric Co., C.C.A.W.Va., 132 F.2d 720, 723

@ ancillary legislation

Legislative enactment which is auxiliary to or in aid of other and principal legislation

@ ancillary proceeding

One growing out of or auxiliary to another action or suit, or which is subordinate to or in aid of a primary action, either at law or in equity. Register v. Stone's Independent Oil Distributors, 122 Ga.App. 335, 177 S.E.2d 92, 94.

In state courts, a procedural undertaking in aid of the principal action; for example, a bill for discovery in aid of a lawsuit or a garnishment proceeding

@ ancillary process

Any process which is in aid of or incidental to the principal suit or action; e.g. attachment.

See ancillary proceeding

@ ancillary receiver

One appointed in aid of, and in subordination to, a foreign receiver for purpose of collecting and taking charge of assets, as of insolvent corporation, in the jurisdiction where he is appointed

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