Executor de son tort

One who attempts to act as executor without lawful authority. A person who, without any authority, intermeddles with the estate of a decedent and does such acts as properly belong to the office of executor or administrator, thereby becoming a sort of qu-asi executor, though only for the purpose of being sued or made liable for the assets with which he has intermeddled. Grace v. Seibert, 235 111. 100, 85 N. E. 30S, 22 L. R. A. (N. S.) 301; and such executor, having assumed a representative character, cannot deny it, and therefore suffers all the liabilities of an executor without acquiring the rights or privileges of such office; id. If a stranger takes upon him to act as executor without any just authority (as, by intermeddling with the goods of the deceased, and many other transactions), he is called in law an executor of his own wrong, de son tort; 2 Bla. Com. 507; Bacon v. Parker, 12 Conn. 213; Wilbourn v. Wilbourn. 48 Miss. 38; 14 E. L. & Eq. 510; Johnston v. Duncan, 3 Litt. (Ky.) 1G3, 14 Am. Dec. 54; White v. Cooper, 3 Pa. 130; Brown v. Walter, 58 Ala. 310; Barron v. Burney, 38 Ga. 2U4. If a man kill the cattle of the testator, or take his goods to satisfy a debt, or collect money due him, or pay out such money, or carry on his business, or take possession of his house, etc., he becomes an executor de son tort. Where a person with whom a will had been left filed it, but took out no letters with the will annexed, or any other legal authority to administer on the estate, he became an executor de son tort; Morrow v. Cloud, 77 Ga. 114. But a stranger may perform many acts in relation to a testator's estate without becoming liable as executor de son tort. Such are locking up his goods for preservation, burying the deceased in a manner suitable to his fortune, paying for the funeral expenses and those of the last sickness, making an inventory of his property to prevent loss or fraud solely, feeding his cattle, milking his cows, repairing his houses, etc. Such acts are held to be offices of kindness and charity; Magner v. Ryan, 10 Mo. 10G; Emery v. Berry, 28 N. H. 473, 61 Am. Dec. 622. Nor does paying the debts of the deceased with one's own money make one an executor de son tort; Carter v. Bobbins, 8 Rich. (S. G.) 20; Bogue v. Watrous, 59 Conn. 217. 22 Atl. 31. Nor does one become executor (/ son tort by obtaining payment of a debt from an executor de son tort; 65 L. T. N. S. 709. The fact that a widow has taken possession of deceased husband; Vela v. Guerra. 7" 595, 12 S. W. 1127. As to what acts will der a person so liable, see Godolphin, Orph. Leg. 91; 1 Wn Abr. 561; Bull. X. 1'. is; Cum. Dig. Administration (C 3); Rattoon v. Overacker, S.1 (N. Y.) 120; In re Huffs Estate, 15 S. & EL (Pa.) 30: White v. Mann. 2-; Me::<;i; Chandler v. Davidson, >; Blackf. (Ind.) An executor de son tort is Liable only f<>r such assets as come into his bands, 8 not liable for not reducing a sion; Kinard's Adm'r v. Young, 2 Rich. Eq. i s. G i 2 17; Roumfort v. Mc Alarney, i 193. And it has been held that he is only liable to the rightful administrator; Mulr v. Trustees of Orphan House. 3 Barb. <'h. (X. r.) !77: Brown v. Walter, 58 Ala..".1". B I see Hansford v. Elliott. 0 Leigh (Va. Swift v. Martin, 10 Mo. A].]). 488; which imply that he is also Liable to the heir at law. He cannot be sued except for fraud, and he must be sued as executor; Buck* minster v. Ingham, Brayt (Vt.) n<' : Francis v. Welch..".3 N. C. 215; Nass v. Van- SWearingen, 10 S. & B. (Pa.) 144; Brown's Ex'rs v. Durbin'a Adm'r, 5.7. J. Marsh. (Ky.) 170. But in general he is liable to all the trouble of an executorship, with none of its profits. And the law on this head to have been borrowed from the civil-law doctrine of pro hcerede gestio. See lbins. Antiq. Syntagma, lib. 2, tit. 17, § 16, p. 468. An executor de son tort Is an executor only for the purpose of being sued, and not for the purpose of suing; Francis v. Welch, 33 N. C. 2in. lie is sued as if rightful e: tor. But if he flefi ods as such he becomes thereby also an executor de son tort; Lawes, PI. i0O, note: Davis v. Connelly's Ex'rs. 1 B. Monr. (Ky.) 13G; Gregory's Ex'rs v. Forrester, 1 Mc Cord. Ch. (S. 0.) 318; Hill Henderson, 13 Smedes & M. (Id Norfolk's Ex'r v. Cantt, 2 II. &.7. (Md.) 435. When an executor de son tort takes out letters of administration, his acts are Legalized, and are to be viewed in the same light as if he had been rightful administrator when the goods came into bis hands: Magner v. Ryan, 19 Mo. 196; Shillaber v. Wyman. 1.". Mas<. 325; Rattoon v. Overacker, s Johns. (N. 1.) 126. Bui see. COntra, Clements v. Swain. 2

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 intermeddling, makes himself liable as an executor to a certain extent. If a stranger takes upon him to act as executor without any just authority, (as by intermeddling with the goods of the deceased, and many other transactions,) he is called in law an "executor of his own wrong," de son tort. 2 Bl. Comm. 507. Allen v. Hurst, 120 Ga. 763, 48 S. E. 341; Noon v. 'Finnegan, 29 Minn. 418, 13 N. W. 197; Brown v. Leavitt, 26 N. H. 495; Hinds v. Jones, 48 Me. 349.

Defined under Executor in Black's Law Dictionary.

/. fr. An executor of his own wrong; an executor by his own wrongful act

LExeceutor of his own wrong. A person who assumes to act as executor of an estate without any lawfal warrant or authority, but who, by his intermeddling, makes himself liable as an executor to a certain extent. If a stranger takes upon him to act as executor without uny just authority, (as by intermeddling with the goods of the deceased, and many other transactions,) he is culled in law an “executor of his own wrong,” de son tort. 2 Bl. Comm. 507.

Fr. An executor of his [own] wrong; an executor by his own wrongful act. A stranger who takes upon himself to act as executor, without any just authority, (as by intermeddling with the goods of the deceased,) is so called, and is liable to all the trouble of an executorship, without any of the profits or advantages. 2 Bl. Com. 507. But merely doing acts of necessity or humanity, as locking up the goods, or burying the corpse of the deceased, will not amount to such an intermeddling, as will charge a man as executor of his own wrong. Id. ibid. See 1 Williams on Exec. 210, et seq.

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.