Page:Black's Law Dictionary (Second Edition).djvu/470

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EXECUTOR

Barb. (N. Y.) 175; In re Lamb's Estate, 122 Mich. 239, 30 N. W. 1081; Compton v. Mc- Mahan, 19 Mo. App. 505.

(Inc to whom another man commits by his last iiiil the EXLKEULIUD of that will and testament. 1: HI. L‘-oinm. 50:5.

A poison to uhom a testator by his will com- miis the execution, or putting in force, of that instrument and its codicils. Fonbl. 307.

Executors are classified according to the following sei cri1l methods:

They are either general or special. The former terni denotes an executor who is to have ch.ii.-,re of the whole estate, wherever found, and administer it to a linai settlement; while a speciai executor is only empowered by the Wlii to take dial-ge of a limited portion of the estate, or such part as may lie in one place, or to Liirry on the administration only to a prescribed point.

They are either inslitiitcd or siibstiliiled. Au instituted executor is one who is appointed by the testator without any condition; while a substituted executor is one named to fill the office in case the person first nominated should refuse to act.

In the phraseoiogy of ecclesiastical law, they are of the following kinds:

‘.2-eciilor 1) loge cuuatitiit-us, an executor appointed by law: the ordinary of the diocese.

E:i'ccuia7' ab episcozio com‘!-i'liil‘1i.s_ or 2:0- ecutor iliiiiviis, an executor appointed by the bishop; an administrator to an intestate.

l'}.i~(-r-iilor £1 lcsfatore conslitiiiwi. iiii ex- ecutor appointed by a ts-stator. Otherwise termed “c.rcriiior tCS[(1lii€7lll1l"i'rLl3;" a testa- nientary executor.

An I.‘l'€' -ular in the tenor is one who. though not directly constituted executor by the will. is therein ch:ii'gcd with duties in relation to the estate which can only he performed by the executor.

—Ezzeci:itor creditor. In Scotch it|W. A creditor of 8. decedent who obtains a grant of administration on the estate. at least to the extent of so much of it as will be Slii.i.iL'lL'[lt to discharge his debt, when the executor nnmcd in the will has declined to serve. us also those other persons who would he preferentially entitled to ad:ninister.—Execntor dntive. In Scotch law. Oiie appointed by the court; equivalent to the Easiish "administrator viith the iviil on- u_Pxed."—]?.xecutuI.‘ de son tort. Executor of his own wrong. A person who assumes to act as executor of an estate without any lawful warrant or authority, but who, by his intermeddiing. makes himself liiihie as an executor to a cert-.iin extent. It‘ a stranger takes upon him_to act ns e_xecntnr without any just authority. (as by intei-meddling with the goods of the deceased, and many other transactions.) he is called in law an "executor of his own Wrong." do can tort. 2 Bi. C

onim. 507. Alien 1'. Hurst, 120 Ga. 763. 48 S. E. 341' Noon V. Finnegan, 21) Minn. 418. ] N. W’. l9i : Brown v. Lcaritt, 26 N. H. 495; Hinds v. Jones. 48 Me. 349.——l1xecutor lncx-ntns. An executor who has assets of his testatur who in his lifetime madc himself iiahlc by B wrongful inter- (‘France with the property of another. 6 Jur. (N. S.) 5-13.—Geneiral executor. One whose power is not limited either territorially or as to the duration or subject of his trust —J'oint executors. Co-cxecutora; two or more who

462

EX EMPLIFIGATION

are joined in the execution of a wiil.—I.imited executor. An executor whose appointment is qualified by iimitations as to the time or place wherein, or the subject-matter whereon, the 05- fice is to be exercised; as distinguished from one whose iippoinuuent is absolute. i. e., certain and immediate, iiiihout any l'ES[l‘i(3fiDn in re- gard to the testator’s eifects or limitation in point of time. "iiiiams, Ex'rs_ ‘.249, 21.‘ seq —Specia.1 executor. One whose power and oflzice are limited, either in respect to the time or place of their exercise, or restricted to a particular portion or the decedent's estate.

In the civil law. A inliiistcrlal officer who executed or carried into eiicct the judg» meat or sentence in a cause.

EX]-JCUTORY. That which is yet to he executed or performed; that which remains to be carried into operation or effect; incomplete; depending upon a future performance or eient. The opposite of ca-curled. —Execntory consideration. A consideration which is to be performed after the contiact (or which it is a consideration is ni:ide.—E:_recntor-y fines. These are the fines 8llT cogiimince. dc ilmit tontiim; our oaiicir.-ii't,' and am done, yrarit et rcmlcr. Aholished by 3 & 4 Wu). IV c. 7-}.—ExecuI:ary interests. A g_enerii| term, comprising all future estates and interests in land or peisonally. other than reversions and rein=:iinde1s.—Execntory limitation. A limitation of a future interest by deed or wili_: if by will, it is also culled an "exec-ntory devise." —Exc-eutory process. A process which can he resorted to in the following cnscs,_ namely: (1) When the light of the creditor arises from an act importing confession of judgment, and which contains ti privilege or mortgage in his favor; (2 when the creditor demands the ex- ecution 0' a judgment which has bc_e1i_renr‘lercd by a tribunal different frum that within vibose jurisdiction the execution is sought. Code Prac. La. nrt. 7 "- Marin v. Lcilley, 17 Wall. 14, 21 L-. Ed. 596.

As to execuiory "Bequests," “Contracts." “-Dei-isos." "Estates ' lieinalnders," "Trusts," and "Uses," see those titles.

EXECUTRESS. A female excculor.

Hardr. 165, 473. See Exccuraix.

EXECUTRIX. A woman who has been appointed by will to execute such will or testiiinent.

EXECUTRY. In Scotch law. The moviilile estate of a person dying, which goes to his nearest of hin. so called as falling under the distribution of an executor. Bell.

Exempla illustz-ant non restringunt legem. Co. Litt. 2-ll). Examples illustrate, hut do not restrain, the law.

EXEMPLABY DAMAGES. See DAN-

AGES.

nx1:MPI.1 GRATIA. of example, or for inshince viateil “em. pr." or "8. a.”

For the purpose Often abbre

EXEMPLIFICATION. An official transcript of a document from public records.