Executor

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 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 Phl Uim. Ecc. Law, 116; 1 Ecc. 374; Swinb. Wills, 247; Wentw. Ex'rs, pt. 4, § 4, p. 230. EXECUTOR LUCRATUS (Lat.) An executor who has assets of his testator, who in his lifetime made himself liable by a wrongful interference with the property of another. 6 Jur. (N. S.) 543.