Law Dictionary
Definitions from our source dictionaries — each term links to a combined page showing every source. The full list of source dictionaries is in the sidebar.
I In old English law. An exchanger, a broker.
A permission which a bishop grants to a priest to go out of his diocese; also leave to go out generally. —Ne. exeat. A writ which forbids the person to whom it is addressed to leav
Fr. Execution. Britt. fol. 1 b.
- Executedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Burrill (1850)
To complete; to make; to perform; to do; to follow out. The term is frequently used in law; as, to execute a deed, which means to make a deed, including, especially, signing, seali
- Executeddefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
Done; completed; effectuated; performed; fully disclosed; vested; giving present right of enjoyment. The term is used- of a variety of subjects.
An executed sale is one which is final and complete in all its particulars and details, nothing remaining to be done by either party to effect an absolute transfer of the subject-m
- Executed Considerationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
See "Consideration."
- Executed Contractdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Burrill (1850)
See "Contract."
- Executed Estatedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
An estate whereby a present interest passes to and resides in the tenant, not dependent upon any subsequent circumstances or contingency. They An estate where there is vested in th
The fine sur cognizance de droit, come ceo que U ad de son done; or a fine upon acknowledgment of the right of the cognizee, as that which he has of the gift of the cognizor. Aboli
The fine sur cognizance de droit, come ceo que il ad de son done; or a fine upon acknowledgment of the right of the cognizee, as that which he has of the gift of the cognizor. Abol
One which has been delivered to the donee. See 33 Pa. St. 268.
It is clear, from the face of this deed, that it is an executed marriage settlement, and that it must be expounded on legal principles applicable to other deeds. Limitations, eithe
- Executed Remainderdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
One giving a present interest, though the enjoyment may be future. Fearne, Cont. Rem. 31; 2 Bl. Comm. 168. See "Remainder."
One completed by delivery of the property; one where nothing remains to be done by either party to effect a complete transfer of the subject-matter of the sale. Fogel v. Brubaker,
- Executed Trustdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
A trust of which the scheme has in the outset been completely declared. Adams, Eq. 151. One in which the devise or trust is directly and wholly declared by the testator or settler,
- Executed Usedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
A use with which the possession and legal title have been united by statute. 1 Steph. Comm. 339; 2 Sharswood, Bl. Comm. 335, note; 7 Term R. 342; 12 Ves. 89; 4 Mod. 380; Comb. 312.
A writ the command in which has been obeyed by the person to whom it was directed. EXECUTIO (Lat.) The doing or following up of a thing; the doing a thing completely or thoroughly;
Execution; administration; management.
The administration or management of goods.
An execution is the execution of the law according to the judgment.
Execution is the end and fruit of law.
Co. Litt. 289. Execution la the end and fruit of the law.
Management or administration of goods. Ad ecclesiam et ad amicos pertinebit executio bonorum, the execution of the goods shall belong to the church and to the friends of the deceas
The execution of the law works no injury.
Lat. In old practice. Execution; the final process in an action. See Execution. Executio est finis et fructus legis. Execution is the end and fruit of the law. Co. Litt. 289. An ex
- executiondefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
An execution is the fruit and end of the suit, and is very aptly called the life of the law. The suit does not terminate with the judgment; and all proceedings on the execution, ar
The completion, fulfillment, or perfecting of anything, or carrying it into operation and effect. The signing, sealing, and delivery of a deed. The signing and publication of a wil
In criminal law. The carrying into effect the sentence of the law by the infliction of capital punishment. 4 BL Com. 403. 4 Steph. Com. 470.
In conveyancing. The formality of signing, sealing and delivery by the party making a deed, or of signing and publication by the party making a will, in the presence of witnesses;
An execution levied on land, is begun to be executed, and is an election of the remedy by sale of it; and the mere delay of the sale, if not fraudulent, injures no one and cannot p
One who, having recovered a judgment against the debtor for his debt or claim, has also caused an execution to be issued thereon.
A writ commanding execution of a judgment Obsolete. Chwell.
A writ that lay for taking cattle of one who has conveyed the cattle of another out of the county, so that the sheriff cannot replevy them. Reg. Orig. 82.
A writ directed to the judge of an inferior court to do execution upon a judgment therein or to return some reasonable cause wherefore he delays the execution. Fitzh. Nat Brev. 20.
The name given to him who puts criminals to death, according to their sentence; a hangman. In the United States, executions are so rare that there are no executioners by profession
There is, however, an obvious and material distinction between a levy on household furniture, and on merchandize, or goods for sale. In the former case, the Court has never allowed
The signing of a Deed is now the material part of the execution; the seal has become a mere form, and a written, or ink seal, as it is called, is good. Any Deed under seal, when pr
Sometimes from the neglect of parties, or some other cause, it became impossible to carry a decree into execution without the further decree of the court upon a bill filed for that
The signing, sealing, and delivery of them by the parties, as their own acts and deeds, in the presence of wifuesses.
If upon the affirmance no allowance of interest or damages is made, it is equivalent to a denial of any interest or damages; and the circuit court, in carrying into effect the decr
- Execution Pareedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In French law. A right founded on an act passed before a notary, by which the creditor may immediately, without citation or summons, seize and cause to be sold the property of his
- executivedefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
"executive" means, with respect to any State, the Governor of the State (or, in the case of the District of Columbia, the Mayor of the District of Columbia), except when
or MINISTRY, A political term in England, applicable te the higher and responsible class of public officials by whom the chief departments of the government of the kingdom are admi
A political term in England, applicable to the higher and responsible class of public officials by whom the chief departments of the government of the kingdom are administered. The
an Executive department, a Government corporation, [or] an independent establishment." §105.
The term "executive agent" has the meaning given the term "DoD Executive Agent" in Directive 5101.1. / The term "executive agent" has the meaning give
The term "executive aircraft" has the meaning given such term in Department of Defense directive 4500.43, as in effect on the date of the enactment of this section.
The term “executive branch” includes each Executive agency (as defined in section 105 of this title ), other than the Government Accountability Office, and any other entity or admi
the term “executive branch employee”— (i) has the meaning given the term “employee” under section 2105 of title 5 ; (ii) includes— (I) the President; (II) the Vice President; and (
The term "executive branch interagency body" means an interagency body established in the executive branch.
The term “executive capacity” means an assignment within an organization in which the employee primarily— (i) directs the management of the organization or a major component or fun
Executive clemency exists to afford relief from undue harshness or evident mistake in the operation or enforcement of the criminal law. To afford a remedy, it has always been thoug
The ultimate determination of the affairs of a corporation rests with its stockholders, and arises from their power to choose the governing board of directors. Unless otherwise pro
In this section, each of the terms "Executive department", "military department", and "independent establishment" has the meaning given such term in c
each of 15 Cabinet-level Departments, including "[t]he Department of Defense," §101; a " 'Government corporation' means a corporation owned or controlled by the Government of the U
The term “Executive Director” means the Executive Director of the Office of Congressional Workplace Rights. / the term “Executive Director” means the Executive Director appointed u
Definition.—In this subsection, the term "executive facility" means a facility owned or leased by an office or entity within the executive branch of the Government. The t
“executive, judicial, or legislative agency” means a department, agency, court, court administrative office, or instrumentality in the executive, judicial, or legislative branch of
For purposes of this subsection, the term “executive officer” has the meaning given the term in section 4502 of this title . / For purposes of this paragraph, the term “executive o
The terms “blank check company”, “rollup transaction”, “partnership”, “limited liability company”, “executive officer of an entity” and “direct participation investment program”, h
Those whose duties are mainly to cause the laws to be executed. For example, the president of the United States of America, and the several governors of the different states, are e
For purposes of this section, the term “executive or administrative personnel” means individuals employed by a corporation who are paid on a salary, rather than hourly, basis and w
The term "Executive Order 14014" means Executive Order 14014 (86 Fed. Reg. 9429; relating to blocking property with respect to the situation in Burma).
The orders were effective to withdraw from sale the lands affected and to grant the use of the lands to the petitioner. But the interest which the Indians received was subject to t
the term “executive or military department” means any agency listed under sections 101 and 102 of title 5;
The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, a
There is no executive discretion to surrender him to a foreign government, unless that discretion is granted by law. It necessarily follows that as the legal authority does not exi
For purposes of this paragraph, the term "executive remuneration" means the applicable employee remuneration of the covered executive, as determined under paragraph (4) w
The term “Executive Summary” means the Executive Summary to the Annual Report, as described in section 6412(b)(1)(F) of this title .
- Executordefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
The appointment of an executor vests the whole personal estate in the person so appointed. He holds as trustee for the purposes of the will, but he holds the legal title in all the
Lat. In the civil law. A ministerial officer who executed or carried into effect the judgment or sentence in a cause. Calv. Lex. Jur. citing Prateius and Brissonius. Otherwise call
It has been decided in this Court that letters testamentary give to the executor no authority to sue for the personal estate of the testator out of the jurisdiction of the power by
In Scotch law. A creditor of a decedent who obtains a grant of administration on the estate, at least to the extent of so much of it as will be sufficient to discharge his debt, wh
In Scotch law. One appointed by the court; equivalent to the English "administrator with the will annexed."
- Executor de son tortdefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
One who without right acts as an executor. See 85 Am. Dec. 423, note.
Lat. [from exequi, or exsequi, to follow up, execute or perform.] In old English law. A person appointed or authorized to execute or perform a duty or trust; especially to manage a
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.
when an executor sues in respect of a cause of action which occurred in the lifetime of the deceased, he must declare in the detinet, that is, in his representative capacity only.
In the Court of Chancery, executors and administrators are considered as trustees, and that court exercises original jurisdiction over them, in favor of creditors, legatees, and he
The whole of the personal estate of the testator devolves upon the executor; and it is his duty to apply it, in the first place, to the payment of the debts of the deceased; and he
It is obvious that the debt due from Yeaton, the defendant, to Young, for which Wise was surety, has been paid out of the estate of Wise. Consequently, that estate has an unquestio
At common law, and no Wisconsin statute is cited to modify the rule, an executor has full power, without any special provision of the will that he is administering or order of cour
whatever property or money is recovered or received by the executor or administrator, after the death of his testator or intestate in virtue of his representative character, he hol
In all such cases the executors represent the residuary legatees, and guard their interests. It is a part of that duty which requires them to protect the interests of the estate. I
One not appointed as executor who performs certain of the functions of an executor.
- Executorydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
Executive; pertaining to the execution of official duty. Cent. Diet. To be executed in the future; of such a nature as to take effect on a future contingency.
In Scotch law. The personal estate of a deceased person, falling under the distribution of the executor. Scotch Diet.
One to be performed.
- Executory Contractdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1891)Burrill (1850)
See "Contract."
The parties to a contract which is wholly executory have a right to the maintenance of the contractual relations up to the time for performance, as well as to a performance of the
contracts for the sale of land transfer to the purchaser the equity in the land. That equity is realty. It was owned by the vendee. The United States retains only a legal title as
An executory devise is such a disposition of real property by will that no estate vests thereby at the death of the devisor, but only on a future contingency. It differs from a rem
This was a good executory devise, depending on the contingency of his becoming a citizen of the United States or otherwise qualified to hold real estate. This contingency was not t
One to vest in futuro.
Interests which depend for their enjoyment upon some subsequent event or contingency. Such estate may be an executory devise, or an executory remainder, which is the same as a cont
These are the fines sur cognizance de droit tantum; sur concessit; and sur done, grant et render. Abolished by 3 & 4 Wm. IV. c. 74.
Include all future estates and interests in land or personalty, other than reversions and remainders. Rapalje & L.
Any limitation of a future estate, whether it be made by deed, or by way of executory devise {q. V.)
In the law of Louisiana, a proceeding which is resorted to in the following cases: When the creditor's right arises from an act importing a confession of judgment, and which contai