Executor De Son Tort

executor in his own wrong, is one who, without lawful authority, undertakes to act as executor of a person deceased. He is in general held responsible for all his acts, when he does any thing which might prejudice the estate, and receives no advantage whatever in consequence of his assuming the office. He cannot sue a debtor of the estate, but may be sued generally as executor.

Vide Off. Ex. 181; 3 Bac. Ab. 25; 11 Vin. Ab. 215; 1 Dane’s Ab. 561; Bull. N. P. 48; Com. Dig. Administration, c.

3; Ham. on Part. 146 to 156; 8 John. R. 426; 7 John. R. 161; 3 Penna. R. 129; 15 Serg. & Rawle, 39. clesiastical law, to denote 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 Phill. 116; 1 Eccl. Rep. 374; Swinb. 247; Wentw. Ex. part 4, s. 4, p. 230.