Blacks Law Dict. 1st ed

EXCUSATOR

EXECUTED WRIT

454

and where the transaction is completed at the moment that the agreement is made, as where an article is sold and delivered, and payment therefor is made on the spot. A contract is said to be executory where some future act is to be done, as where an agreement is made to build a house in six months, or to do an act on or before some future day, or to lend money upon a certain interest, payable at a future time. Story, Cont. 8. EXECUTED ESTATE. An estate whereby a present interest passes to and re sides in the tenant, not dependent upon any subsequent circumstance or contingency. They are more commonly called "estates in possession." 2 Bl. Comm. 162. An estate where there is vested in the grantee a present and immediate right of present or future enjoyment. EXECUTED FINE. The fine *ur cog nizance 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. Abolished by 3 & 4 Wm. IV. c. 74. EXECUTED REMAINDER. Are mainder which vests a present interest in the tenant, though the enjoyment is postponed to the future. 2 Bl. Comm. 168; Fearne, Rem. 31. EXECUTED TRUST. A trust of which the scheme has in the outset been completely declared. Adams, Eq. 151. A trust in which the estates and interest in the subject-matter of the trust are completely limited and defined by the instrument creating the trust, and re quire no further instruments to complete them. Bisp. Eq. 20. As all trusts are executory in this sense, that the trustee is bound to dispose of the estate ac cording to the tenure of his trust, whether active or passive, it would be more accurate and precise to substitute the terms, "perfect" and "imperfect* for "executed "and "executory "trusts. 1 Hayes, Conv. 85. EXECUTED USE. The first use in a conveyance upon which the statute of uses op erates by bringing the possession to it, the com bination of which, i. e., the use and the pos session, form the legal estate, and thus the statute is said to execute the use. Wharton. EXECUTED WRIT. In practice. A writ carried into effect by the officer to whom it is directed. The term " executed," applied to a writ, has been held to mean "used." Amb. 61.

In old German law. A defendant; he who utterly denies the plaintiff's claim. Du Cange. Excusatur quis quod olameum non opposuerit, ut si toto tempore litigii fuit ultra mare quacunque occasione. Go. Litt. 260. He is excused who does not bring his claim, if, during the whole period in which it ought to have been brought, he has been beyond sea for any reason. EXCUSE. A reason alleged for doing or not doing a thing. Worcester. A matter alleged as a reason for relief or exemption from some duty or obligation. EXCUSS. To seize and detain by law. EXCUSSIO. In the civil law. A dil igent prosecution of a remedy against a debt or; the exhausting of a remedy against a principal debtor, before resorting to his sure ties. Translated "discussion," (q. v.) In old English law. Rescue or rescous. Spelman. EXEAT. A permission which a bishop grants to a priest to go out of his diocese; also leave to go out generally. EXECUTE. Tofinish,accomplish, make complete, fulfill. To perform; obey the in junctions of. To make; as to execute a deed, which in cludes signing, sealing, and delivery. To perform; carry out according to its terms; as to execute a contract. To fulfill the purpose of; to obey; to per form the commands of; as to execute a writ. To fulfill the sentence of the law upon a person judicially condemned to suffer death. A statute is said to execute a use where it transmutes the equitable interest of the cestui que use into a legal estate of the same nature, and makes him tenant of the land accordingly, in lieu of the feoffee to uses or trustee, whose estate, on the other hand, is at the same mo ment annihilated. 1 Steph. Comm. 339. EXECUTED. Completed; carried into full effect; already done or performed; taking effect immediately; now in existence or in possession; conveying an immediate right or possession. The opposite of executory. EXECUTED CONSIDERATION. A consideration which is wholly past. 1 Pars. Cont. 391. An act done or value given be fore the making of the agreement. EXECUTED CONTRACT. One where nothing remains to be done by either party,

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