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Executor

A Dictionary of Law · Henry Campbell Black · 1891

A Dictionary of Law

<A person appointed by a testator to carry out the directions and requests in his will, and to dispuse of the property according to his testamentary provisions after his decease. One to whom another man commits by his last will the exccution of that will and testament.

2 Bl. Comm. 603.

A person to whom a testator by his will commits the evecufion, or putting in force, of that instrument and its codicils.

Fonbl. 307.

Executors are classified according to the following several methods: They are either general or special. The former term denotes an executor who is to have charge of the whole estate, wherever found, and administer it to a final settlement; while a special executor is only empowered by the will to take charge of a limited portion of the estate, or such part a9 may lie in one place, or to carry on the administration only to a prescribed point. They are either instiiuted or substituted. An instittted executor is one who is appointed by the testator without any condition; while a substituted executor is one named to fill the office in casé the person first nominated should refuse to act. In the phraseology of ecclesiastical law, they are of the following kinds: Hwecutor & lege constitutus, an executor appointed by law; the ordinary of the diocese. Exceutor ab episcopo constitutus, or executor dativus, an executor appointed by the bishop; an administrator to an intestate. Eaecutor & testatore constitutus, an executor appointed by a tes.ator. Otherwise termed “executor testamentarius;” a testamentary executor. is therein charged with duties in relation ta the estate which can only be performed by the executor. In the civil law. A ministerial officer who executed or carried into effect the judgment or sentence in a cause.

Calvin,