Also known as: letter · lettre · lettres · letters patent · letters rogatory · lettre de change
Written by attorneys — see sources below.
2 senses
Authorizations issued by Congress or a state permitting private parties to seize vessels or property of an enemy nation during wartime. The power to grant such authorizations is expressly allocated to the federal government and withheld from the states.
Authorizations issued by Congress or a state permitting private parties to seize vessels or property of an enemy nation during wartime. The power to grant such authorizations is expressly allocated to the federal government and withheld from the states.
Official court-issued certifications confirming a fiduciary's appointment and authority to administer an estate or trust. The documents identify the fiduciary and any court-imposed restrictions on the fiduciary's powers.
After Bob dies, the probate court issues letters testamentary to his daughter Alice confirming her appointment as executor of the estate. The letters identify Alice and note that she may not sell real property without prior court approval. Alice presents the letters to the bank to access decedent accounts and begin administration.
Official court-issued certifications confirming a fiduciary's appointment and authority to administer an estate or trust. The documents identify the fiduciary and any court-imposed restrictions on the fiduciary's powers.
Each sense below has its own examples, sources, and questions.
During a declared war with Nation X, Congress passes a statute empowering the President to issue authorizations allowing private ship owners to capture enemy merchant vessels. Lighthouse Shipping receives one such authorization and seizes a vessel flying Nation X's flag. The seizure is lawful only because the authorization was granted under the constitutional power to issue letters of marque.
During declared war with Country Y the President issues letters of marque to Captain Hook authorizing seizure of enemy merchant vessels. Captain Hook captures a freighter flying Country Y's flag. The seizure is lawful solely because the letters were granted under Congress's constitutional power.
State A enacts a statute purporting to authorize private citizens to seize foreign vessels during an undeclared conflict. The statute is invalid because the Constitution expressly prohibits states from granting letters of marque and reprisal.
1 common questions
Letters of marque are constitutional authorizations allowing private parties to seize enemy property in wartime. Letters testamentary are court-issued documents confirming an executor's authority to administer a decedent's estate.
Supporting sources
Following the settlor's death the probate court issues letters of trusteeship to nephew Ned confirming his appointment as trustee of a testamentary trust. The letters list Ned's name and note that he must obtain court approval before selling trust real estate. Ned uses the letters to transfer title and begin trust administration.
After Carla's death the court issues letters of administration to her brother Ben confirming his appointment. The letters expressly bar Ben from selling estate real property without further court order. Ben presents the letters to financial institutions to collect assets and pay creditors.
3 common questions
Yes. When two or more writings are signed by the party to be charged, or when a signed writing refers to an unsigned writing, the documents may be read together as a sufficient memorandum even if neither standing alone identifies all essential terms.
Supporting sources
Letters of administration may expressly limit the administrator's powers, such as prohibiting sale of real property without further court approval. The fiduciary must comply with any such restrictions stated in the letters.
Supporting sources
Targeted letters from nonprofit or ideological organizations are generally protected expressive activity and may not be banned outright, though states may impose reasonable time, place, and manner restrictions or regulate for actual deception.
Supporting sources
…Congress 730. For example, Mr. Jefferson's striking phrase as to the "wall of separation between church and State" appears in a letter acknowledging "The affectionate sentiments of esteem and approbation" included in a testimonial to himself. In its context it reads as follows: "Believing with you that religion is a…