Executor

He to whom another commits by will the execution of his last will and testament.3 Feminine form, executrix. Correlative, testator, testatrix. He so closely resembles an " administrator " that that term will not amount to a substantial misdescription in a deed or prosecution.'' Acting executor. Such executor, of two or more, as actually performs the duties of the trust.

General executor

An executor whose power is unlimited as to time, place, or subject-matter.

Special executor

An executor who serves for a limited time, in a particular place, or as to a part of the estate. ■ Buck V. Colbath, 3 Wall. 313-44 (1865), Miller, J. •Sharp V. Doyle, 103 U. S. 689 (1880), Miller, J. s 3 Bl. Com. 503; 1 Ga. 330; 55 Md. 194; 31 Wend. 436; Instituted executor. Has the option to serve before another who is named as substitute—the substituted executor.

Rightful executor

The executor named in the will; the lawful executor.

Executor de son tort

An executor of his own wrong: he who, without authority, does such acts as only the rilghtful executor may do. At common law an executor de son tort is one who,.without authority from the deceased or the court of probate, does such acts as belong to the office of an executor or administrator. ^ Not unauthorized are, acts ot kindness in providing for the family of the deceased or in preserving the estate.2 An executorde son tort is liable to all the trouble of an executorship without the profits or advantages.^ Sole executor. The one person named to serve as executor. Co-executjor, jointexecutor. One of two or more executors. A wife, with her husband's consent, or a minor over seventeen, or other person of gound mind, may be an executor. He takes title from the will; is a personal representative, identified in interest with the testator; holds the estate in trust for creditors and legatees. His power being founded upon the special confidence the deceased had in him, he is not ordinarily required to furnish security for the faithful performance of the duties of the trust.' He is to do the things set forth in the will: to bury the deceased, prove the will, give notice of letters issued, make an inventory, collect the moiiey and personal effects,* pay the debts and legacies, and file an account or accounts. Contract rights pass to him, but not contract duties of a purely personal nature. He can buy no part of the estate; nor let assets lie unproductive; nor use the estate for his own benefit. He may be surcharged in his accounts. He is held to the care of a man of ordinary prudence, and to the most scrupulous good faith. If he honestly exercises a discretion conferred upon him by the will hh cannot be held liable for a loss occasioned by an honest error of judgment.^ The act of one co-executor is the act of all: each is liable for the other's wrong, effected through negligence or connivance. All sue and are to be sued together. Death vests all rights and duties in the survivor. The rule is that each co-executor has complete ' Emery v. Berry, 28 N. H. 481 (1864), Eastman, J. 'See 29 Minn. 421-22; 17 Ark. 125; 5 Heisk. 194; 26 N. H. 49B; 1 Baxt. 9; 30 Conn. 3S9; 12 Ga. 588; S»id. 264; 26 Me. 361; 8 Miss. 437; 19 Mo. 196. s 2 Bl. Com. 507. • See generally Wall v. Bissell, 125 U. S. 387, 389 (1888), cases. power to administer the estate. A payment therefore to one is payment to all. ■ At common law executors have a 3oint authority and a joint interest in the property of the estate. They are esteemed in law as one person, and, as such, represent the testator, although each may be responsible only for his own acts.'' Wiiether an executor may be imprisoned for not paying over an amount due upon final account, the statutes and decisions, of the States are not in accord. In Vermont and South Carolina, though refusal to pay is a contempt of court, imprisonment is not allowed under the constitutional inhibition against imprisonment for debt.^ See Administee, 4; Assets; Bona; Charge:; Commission, 3; Dbvastavit; Devisavit; Donatio; Funeral; Goods; Improvident; Inventory; Legacy; Letters; Perishable; Power, 2; Probate; Representative, (i); Settle, 4; Trust, 1; Voucher; Witness.