executor 音标拼音: [ɪgz'ɛkjətɚ]
n . 被指定遗嘱执行者,执行者
被指定遗嘱执行者,执行者
executor 执行程序
EX executor 执行器
executor n 1 :
a person appointed by a testator to carry out the terms of the will Executor \
Ex *
ec "
u *
tor \,
n . [
L .
executor ,
exsecutor :
cf .
F .
ex ['
e ]
cuteur .
Cf . {
Executer }.]
1 .
One who executes or performs ;
a doer ;
as ,
an executor of baseness . --
Shak .
[
1913 Webster ]
2 .
An executioner . [
Obs .]
[
1913 Webster ]
Delivering o '
er to executors paw ?
The lazy ,
yawning drone . --
Shak .
[
1913 Webster ]
3 . (
Law )
The person appointed by a testator to execute his will ,
or to see its provisions carried into effect ,
after his decease .
[
1913 Webster ]
{
Executor de son tort } [
Of .,
executor of his own wrong ]
(
Law ),
a stranger who intermeddles without authority in the distribution of the estate of a deceased person .
[
1913 Webster ]
65 Moby Thesaurus words for "
executor ":
actor ,
agent ,
ancestors ,
apprentice ,
architect ,
artificer ,
artist ,
author ,
begetter ,
beginner ,
builder ,
conceiver ,
constructor ,
craftsman ,
creator ,
designer ,
deviser ,
discoverer ,
doer ,
effector ,
engenderer ,
engineer ,
executant ,
executrix ,
fabricator ,
father ,
founder ,
generator ,
grower ,
inaugurator ,
industrialist ,
initiator ,
instigator ,
institutor ,
introducer ,
inventor ,
journeyman ,
maker ,
manufacturer ,
master ,
master craftsman ,
medium ,
mother ,
mover ,
operant ,
operative ,
operator ,
organizer ,
originator ,
past master ,
performer ,
perpetrator ,
planner ,
practitioner ,
precursor ,
prime mover ,
producer ,
raiser ,
realizer ,
shaper ,
sire ,
smith ,
subject ,
worker ,
wright EXECUTOR ,
trusts .
The word executor ,
taken in its largest sense ,
has several acceptations .
1 .
Executor dativus ,
who is one called an administrator to an intestate .
2 .
Executor testamentarius ,
or one appointed to the office by the last will of a testator ,
and this is what is usually meant by the term .
2 .
In the civil law ,
the person who is appointed to perform the duties of an executor as to goods ,
is called haeres testamentarius ;
the term executor ,
it is said ,
is a barbarism unknown to that law .
3 Atk .
304 .
3 .
An executor ,
as the term is at present accepted ,
is the person to whom the execution of a last will and testament of personal estate is ,
by the testator '
s appointment ,
confided ,
and who has accepted of the same .
2 Bl .
Com .
503 ;
2 P .
Wms .
548 ;
Toller ,
30 ;
1 Will .
on Ex .
112 Swinb .
t .
4 ,
s .
2 ,
pl .
2 .
4 .
Generally speaking ,
all persons who are capable of making wills may be executors ,
and some others beside ,
as infants and married women .
2 Bl .
Corn .
503 .
5 .
An executor is absolute or qualified ;
his appointment is absolute when he is constituted certainly ,
immediately ,
and without restriction in regard to the testator '
s effects ,
or limitation in point of time .
It may be qualified by limitation as to the time or place wherein ,
or the subject matters whereon ,
the office is to be exercised ;
or the creation of the office may be conditional .
It may be qualified .
1st .
By limitations in point of time ,
for the time may be limited when the person appointed shall begin ,
or when he shall cease to be executor ;
as if a man be appointed executor upon the marriage of testator '
s daughter .
Swinb .
p .
4 ,
s .
17 ,
pl .
4 .
2 .
The appointment may be limited to a place ;
as ,
if one be appointed executor of all the testator '
s goods in the state of Pennsylvania .
3 .
The power of the executor may be limited as to the subject matter upon which if is to be exercised ;
as ,
when a testator appoints .
A the executor of his goods and chattels in possession ;
B ,
of his choses in action .
One may be appointed executor of one thing ,
only ,
as of a particular claim or debt due by bond ,
and the like .
Off .
Ex .
29 ;
3 Phillim .
424 .
But although a testator may thus appoint separate executors of distinct parts of his property ,
and may divide their authority ,
yet quoad the creditors of the testator they are all executors ,
and act as one executor ,
and may be sued as one executor .
Cro .
Car .
293 .
4 .
The appointment may be conditional ,
and the condition may be either precedent or subsequent .
Godolph .
Orph .
Leg .
pt .
2 ,
c .
2 ,
s .
1 ;
Off .
Ex .
23 .
6 .
An executor derives his interest in the estate of the deceased entirely from the will ,
and it vests in him from the moment of the testator '
s death .
1 Will .
Ex .
159 ;
Com .
Dig .
Administration ,
B 10 ;
5 B . &
A .
745 ;
2 W .
Bl .
Rep .
692 .
He acquires an absolute legal title to the personalty by appointment ,
but nothing in the lands of the testator ,
except by devise .
He can touch nothing which was not personal at the testator '
s decease ,
except by express direction .
9 Serg . &
Rawle ,
431 ;
Gord .
Law Dec .
93 .
Still his interest in the goods of the deceased is not that absolute ,
proper and ordinary interest ,
which every one has in his own proper goods .
He is a mere trustee to apply the goods for such purposes as are sanctioned by law .
4 T .
R .
645 ;
9 Co .
88 ;
2 Inst .
236 ;
Off .
Ex .
192 .
He represents the testator ,
and therefore may sue and recover all the claims he had at the time of his death and may be sued for all debts due by him .
1 Will .
Ex .
508 ,
et seq .
By the common law ,
however ,
such debts as were not due by some writing could not be recovered against the executors of a deceased debtor .
The remedy was only in conscience or by a quo minus in the exchequer .
Afterwards an action on the case in banco regis was given .
Crom t .
Jurisdic .
66 ,
b ;
Plowd .
Com .
183 :
11 H .
VII .
26 .
7 .
The following are the principal duties of an executor :
1 .
Within a convenient time after the testator '
s death ,
to collect the goods of the deceased ,
provided he can do so peaceably ;
when he is resisted ,
he must apply to the law for redress .
8 .-
2 .
To bury the deceased in a manner suitable to the estate he leaves behind him ;
and when there is just reason to believe he died insolvent ,
he is not warranted in expending more in funeral expenses (
q .
v .)
than is absolutely necessary .
2 Will .
Ex .
636 ;
1 Salk .
296 ;
11 Serg . &
Rawle ,
204 14 Serg . &
Rawle ,
64 .
9 .-
3 .
The executor should prove the will in the proper office .
10 .-
4 .
He should make an inventory (
q .
v .)
of the goods of the intestate ,
which should be filed in the office .
11 .-
5 .
He should ascertain the debts and credits of the estate ,
and endeavor to collect all claims with as little delay as possible ,
consistently with the interest of the estate .
12 .-
6 .
He should advertise for debts and credits :
see forms of advertisements ,
1 Chit .
Pr .
521 .
13 .-
7 .
He should reduce the whole of the goods ,
not specifically bequeathed into money ,
with all due expedition .
14 .-
8 .
Keep the money of the estate safely ,
but not mixed with his own ,
or he may be charged interest on it .
15 .-
9 .
Be at all times ready to account ,
and actually file an account within a year .
16 .-
10 .
Pay the debts and legacies in the order required by law .
17 .
Co -
executors ,
however numerous ,
are considered ,
in law ,
as an individual person ,
and ;
consequently ,
the acts of any one of them ,
in respect of the administration of the assets ,
are deemed ,
generally ,
the acts of all .
Bac .
Ab .
Executor ,
D ;
Touch .
484 ;
for they have all a joint and entire authority over the whole property Off .
Ex .
213 ;
1 Rolle '
s Ab .
924 ;
Com .
Dig .
Administration ,
B 12 .
On the death of one or more of several joint executors ,
their rights and powers survive to the survivors .
18 .
When there are several executors and all die ,
the power is in common transferred to the executor of the last surviving executor ,
so that he is executor of the first testator ;
and the law is the same when a sole executor dies leaving an executor ,
the rights are vested in the latter .
This rule has been changed ,
in Pennsylvania ,
and ,
perhaps ,
some other states ,
by legislative provision ;
there ,
in such case ,
administration cum testamento annexo must be obtained ,
the right does not survive to the executor of the executor .
Act of Pennsylvania ,
of March 15 1832 .
s .
19 .
In general ,
executors are not responsible for each other ,
and they have a right to settle separate accounts .
See Joint ,
Executors .
19 .
Executors may be classed into general and special ;
instituted and substituted ;
rightful and executor de son tort ;
and executor to the tenor .
20 .
A general executor is one who is appointed to administer the whole estate ,
without any limit of time or place ,
or of the subject -
matter .
21 .
A special executor is 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 .
22 .
An instituted executor is one who is appointed by the testator without any condition ,
and who has the first right of acting when there are substituted executors .
An example will show the difference between an instituted and 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 ,
and the cousin in the third degree ,
and so on .
See Heir ,
instituted ,
and Swinb .
pt .
4 ,
s .
19 ,
pl .
1 .
23 .
A substituted executor is a person appointed executor ,
if another person who has been appointed refuses to act .
24 .
A rightful executor is 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 action brought by him ,
as such .
1 P .
Wms .
768 ;
Will .
on Ex .
173 .
25 .
An executor de son tort ,
or of his own wrong ,
is one ,
who ,
without lawful authority ,
undertakes to act .
as executor of a person deceased .
To make fin executor de son tort ,
the act of the party must be ,
1 .
Unlawful .
2 .
By asserting ownership ,
as taking goods or cancelling a bond ,
and not committing a mere ,
trespass .
Dyer ,
105 ,
166 ;
Cro .
Eliz .
114 .
3 .
An act done before probate of will ,
or granting letters of administration .
1 Salk .
313 .
One may be executor de son tort when acting under a forged will ,
which has been set aside .
3 T .
R .
125 .
An executor de son tort .
The law on this head seems to have been borrowed from the civil law doctrine of pro hoerede gestio .
See Heinnec .
Antiq .
Syntagma ,
lib .
2 ,
tit .,
17 ,
Sec .
16 ,
p .
468 .
He is ,
in general ,
held responsible for all his acts ,
when he does anything 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 .
See a good reading on the liabilities of executors de son tort ,
in :
Godolph .
Orph .
Legacy ,
91 ,
93 ,
and 10 Wentw .
Pl .
378 ,
for forms of declaring ;
also ,
5 Co .
Rep .
50 31 a ;
Yelv .
137 ;
1 Brownlow ,
103 ;
Salk .
28 ;
Ham .
Parties ,
273 ;
Imp .
Mod .
Pl .
94 .
As to what acts will make a person liable as executor de son tort ,
see Godolph .
O ubi sup .;
Gord .
Law of Dec .
87 ,
89 ;
Off .
Ex .
181 ;
Bac .
Ab .
Executor , &
c .,
B 3 ;
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 ;
4 Mass .
654 ;
3 Penna .
R .
129 ;
15 Serg . &
Rawle ,
39 .
26 .-
2 .
The usurpation of an office or character cannot confer the rights and privileges of it ,
although it may charge the usurper with the duties and obligations annexed to it .
On this principle an executor de son tort is an executor only for the purpose of being sued ,
not for the purpose ,
of suing .
In point of form ,
he is sued as if he were a rightful executor .
He is not denominated in the declaration executor (
de son tort )
of his own wrong .
It would be improper to allege that the deceased person with whose estate he has intermeddled died intestate .
Nor can he be made a co -
defendant with a rightful executor .
Ham .
Part .
146 ,
272 ,
273 ;
Lawes on Plead .
190 ,
note ;
Com .
Dig .
Abatement ,
F 10 .
If he take out letters of administration ,
he is still liable to be sued as executor ,
and in general ,
it is better to sue him as executor than as administrator .
Godolph .
0 .
Leg .
93 ,
94 ,
95 ,
Sec .
2 ,
3 .
27 .
An executor to the tenor .
This phrase is based in the ecclesiastical 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 .
41 p .
230 .
Vide .
generally ,
Bouv .
Inst .
Index ,
h .
t .;
11 Vin .
Ab .
h .
t .;
Bac .
Ab .
h .
t .;
Rolle ,
Ab .
h .
t .;
Nelson '
s Ab .
h .
t .;
Dane '
s Ab .
Index ,
h .
t .;
Com .
Dig .
Administration ;
1 Supp .
to Ves .
jr .
8 ,
90 ,
356 ,
438 ;
2 Id .
69 ;
1 Vern .
302 -
3 ;
Yelv .
84 a ;
1 Salk .
318 ;
18 Engl .
C .
L .
Rep .
185 ;
10 East ,
295 ;
2 Phil .
Ev .
289 ;
1 Rop .
Leg .'
114 ;
American Digests ,
h .
t .;
Swinburne ,
Williams ,
Lovelass ,
and Roberts '
several treatises on the law of Executors ;
Off .
Ex .
per totum ;
Chit .
Pr .
Index ;
h .
t .
For the various pleas that may be pleaded by executors ,
see 7 Wentw .
Plead .
596 ,
602 ;
10 Id .
378 ;
Cowp .
292 .
For the origin and progress of the law in relation to executors ,
the reader is referred to 5 Toull .
n .
576 ,
note ;
Glossaire du Droit Francais ,
par Delauriere ,
verbo Executeurs Testamentaires ,
and the same author on art .
297 ,
of the Custom of Paris ;
Poth .
Des Donations Testamen taires .
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