Blacks Law Dict. 1st ed

456

EXECUTORY DEVISE

EXECUTIVE

is therein charged with duties in relation to the estate which can only be performed by the executor. In the civil law. A ministerial officer who executed or carried into effect the judg ment or sentence in a cause. Calvin. EXECUTOR DE SON TORT. Exec utor of his own wrong. A person who as sumes 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. EXECUTOR LUCRATUS. An execu tor who has assets of his testator who in his life-time made himself liable by a wrongful interference with the property of another. 6 Jur. (N. S.) 543. EXECUTORY. That which is yet to be executed or performed; that which remains to be carried into operation or effect; incom plete; depending upon a future performance or event. The opposite of executed* EXECUTORY BEQUEST. See BB QUEST. EXECUTORY CONSIDERATION. A consideration which is to be performed after the contract for which it is a consideration is made. EXECUTORY CONTRACT. A con tract which is to be executed at some future time, and which conveys only a chose in ac tion. 2 Bl. Comm. 443; 2 Kent, Comm. 511, 512, note. See EXECUTED CONTRACT. EXECUTORY DEVISE. In a general sense, a devise of a future interest in lands, not to take effect at the testator's death, but limited to arise and vest upon some future contingency. 1 Fearne, Rem. 382. A dis position of lands by will, by which no estate vests at the death of the devisor, but only on some future contingency. 2 Bl. Comm. 172. In a stricter sense, a limitation by will of a future contingent interest in lands, con trary to the rules of the common law. 4 Kent, Comm. 263; 1 Steph. Comm. 564. A limitation by will of a future estate or inter est in land, which cannot, consistently with the rules of law, take effect as a remainder. 2 Pow. Dev. (by Jarman,) 237. By the executory devise no estate rests at the death of the devisor or testator, but only on the

used as an impersonal designation of the chief executive officer of a state or nation. Executive officer means an officer in whom re sides the power to execute the laws. 4 Cal. 127, 140. EXECUTIVE ADMINISTRATION, or MINISTRY. A political term in Eng land, applicable to the higher and responsible class of public officials by whom the chief departments of the government of the king dom are administered. The number of these amounts to fifty or sixty persons. Their ten ure of office depends on the confidence of a majority of the house of commons, and they are supposed to be agreed on all matters of general policy except such as are specifically left open questions. Cab. Lawy. EXECUTOR. A person appointed by a testator to carry out the directions and re quests in his will, and to dispose of the prop erty according to his testamentary provisions after his decease. 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 commits the execution, or putting in force, of that instru ment and its codicils. Fonbl. 307. Executors are classified according to the following several methods: They are either general or special. The former term denotes an executor who is to have charge of the whole estate, wherever found, and administer it to a final settlement; while a special executor is only empowered by the will to take charge of a limited por tion of the estate, or such part as may lie in one place, or to carry on the administration only to a prescribed point. They are either instituted or substituted. An instituted executor is one who is appoint ed by the testator without any condition; while a substituted executor is one named to fill the office in case the person first nominat ed should refuse to act. In the phraseology of ecclesiastical law, they are of the following kinds: Executor a lege constitutus, an executor appointed by law; the ordinary of the dio cese. Executor ab episcopo constitutus, or ex ecutor dativus, an executor appointed by the bishop; an administrator to an intestate. Executor a testatore constitutus, an ex ecutor appointed by a testator. Otherwise termed "executor testamentarius;" a testa mentary executor. An executor to the tenor is one who, though not directly constituted executor by the will,

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