Executor

Executor in United States

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Executor Definition

One to whom another man commits by his last will the execution of that will and testament. 2 Bl. Comm. 503. A person to whom a testator by his will pommits the execution, or putting in force, of that instrument and its codicils. Fonbl. Rights & Wrongs, 307. Lord Hardwicke, in 3 Atk. 801, says: The proper term in the civil law, as to goods, is haeres testamentarius ; and ‘executor’ is a barbarous term, unknown to that law. And again: What we called ‘executor and residuary legatee’ iS, in the civil law, ‘universal heir.’ Id. 300. The word executor, taken in its broadest sense, has three acceptations: (1) Executor a lege constitutus, he is the ordinary of the diocese. (2) Executor ah episcopo constitutus, or executor dativus, and that is he who is called an administrator to an intestate. (3) Executor a testator constitutus, or executor testamentarius, and that is he who is usually meant when the term executor is used. 1 Wms. Ex’rs, 185. 1- General Executor. One who Is appointed to administer the whole estate, without any limit of time or place or of the subject matter. Special Executor. One who is appointed or constituted to administer either a part of the estate, or the whole for a limited time, or only in a particular place. Instituted Executor. One who is appointed by the testator without any condition, and who has the first right of acting when there are substituted executors. Substituted Executor. A person appointed executor if another person who has been appointed refuses to act. An example will show the difference between an instituted and a substituted executor. Suppose a man makes his son his executor, but, if he will not act, he appoints his brother, and, if neither will act, his cousin. Here the son is the instituted executor in the first degree, the brother is said to be substituted in the second degree, the cousin in the third degree, and so on. See Swinb. Wills, pt. 4. § 19, pi. 1. Rightful Executor. One lawfully appointed by the testator, by his will. Deriving his authority from the will, he may do most acts before he obtains letters testamentary; but he must be possessed of them before he can declare in an action brought by him as such. 1 P. Wms. 768; Wms. Ex’rs, 173. Executor de Son Tort. One who, without lawful authority, undertakes to act as executor of a person deceased. Executor to the Tenor. A person who is not directly appointed by the will an executor, but who is charged with the duties which appertain to one; as, I appoint A. B. to discharge all lawful demands against my will. 3 PhlUim. Ecc. Law, 116; 1 Ecc. 374; Swinb. Wills, 247; Wentw. Ex’rs, pt. 4, § 4, p. 230.

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One to whom another man commits by his last will the execution of that will and testament. 2 Bl. Comm. 503. A person to whom a testator by his will pommits the execution, or putting in force, of that instrument and its codicils. Fonbl. Rights & Wrongs, 307. Lord Hardwicke, in 3 Atk. 801, says: The proper term in the civil law, as to goods, is haeres testamentarius ; and ‘executor’ is a barbarous term, unknown to that law. And again: What we called ‘executor and residuary legatee’ iS, in the civil law, ‘universal heir.’ Id. 300. The word executor, taken in its broadest sense, has three acceptations: (1) Executor a lege constitutus, he is the ordinary of the diocese. (2) Executor ah episcopo constitutus, or executor dativus, and that is he who is called an administrator to an intestate. (3) Executor a testator constitutus, or executor testamentarius, and that is he who is usually meant when the term executor is used. 1 Wms. Ex’rs, 185. 1- General Executor. One who Is appointed to administer the whole estate, without any limit of time or place or of the subject matter. Special Executor. One who is appointed or constituted to administer either a part of the estate, or the whole for a limited time, or only in a particular place. Instituted Executor. One who is appointed by the testator without any condition, and who has the first right of acting when there are substituted executors. Substituted Executor. A person appointed executor if another person who has been appointed refuses to act. An example will show the difference between an instituted and a substituted executor. Suppose a man makes his son his executor, but, if he will not act, he appoints his brother, and, if neither will act, his cousin. Here the son is the instituted executor in the first degree, the brother is said to be substituted in the second degree, the cousin in the third degree, and so on. See Swinb. Wills, pt. 4. § 19, pi. 1. Rightful Executor. One lawfully appointed by the testator, by his will. Deriving his authority from the will, he may do most acts before he obtains letters testamentary; but he must be possessed of them before he can declare in an action brought by him as such. 1 P. Wms. 768; Wms. Ex’rs, 173. Executor de Son Tort. One who, without lawful authority, undertakes to act as executor of a person deceased. Executor to the Tenor. A person who is not directly appointed by the will an executor, but who is charged with the duties which appertain to one; as, I appoint A. B. to discharge all lawful demands against my will. 3 PhlUim. Ecc. Law, 116; 1 Ecc. 374; Swinb. Wills, 247; Wentw. Ex’rs, pt. 4, § 4, p. 230.

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Notice

This definition of Executor is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.

Plain-English Law

Executor as defined by Nolo’s Encyclopedia of Everyday Law (p. 437-455):

The person named in a will to handle the property of someone who has died.

Practical Information

Note: Some of this information was last updated in 1982

The person or corporation named by a testator in his or her will to administer the estate. The testator may name as many executors as desired. Often a person names a spouse and a bank as co executors; the bank can advise the spouse and relieve him or her of a lot of work involved in the administration. (A woman is called an executrix.) See also administrator (in U.S. law).

(Revised by Ann De Vries)

What is Executor?

For a meaning of it, read Executor in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Executor.

Basic Meaning of Executor

Executor means: a man appointed by the will of a deceased person to carry out the provisions thereof and settle the estate.

Executor: Open and Free Legal Research of US Law

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