Blacks Law Dict. 1st ed

EXECUTORY ESTATE

457

EXEMPTION

future contingency. It is only an indulgence to the last will and testament which is supposed to be made by one inops consilii. When the limitation by devise is such that the future interest falls within the rules of contingent remainders, it is a contingent remainder, and not an executory de vise. 2 Bl, Comm. 173; 4 Kent, 257; 3 Term, 763. EXECUTORY ESTATE. An estate GI interest in lands, the vesting or enjoyment of which depends upon some future contin gency. Such estate may be an executory de vise, or an executory remainder, which is the same as a contingent remainder, because no present interest passes. EXECUTORY TINES. 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. EXECUTORY INTERESTS. A gen eral term, comprising all future estates and Interests in land or personalty, other than re versions and remainders. EXECUTORY LIMITATION. A lim itation of a future interest by deed or will; if by will, it is also called an "executory de vise " EXECUTORY PROCESS. A process which can be resoited to in the following cases, namely: (1) When the right of the creditor arises from an act importing confes sion of judgment, and which contains a priv ilege or mortgage in his favor; (2) when the creditor demands the execution of a judgment which has been rendered by a tribunal dif ferent from that within whose jurisdiction the execution is sought. Code Prac. La. art. 732. EXECUTORY TRUST. One which re quires the execution of some further instru ment, or the doing of some further act, on the part of the creator of the trust or of the trustee, towards its complete creation or full effect. An executed trust is one fully created and of immediate effect. These terms do not relate to the execution of the trust as regards the beneficiary. EXECUTORY USES. These are spring ing uses, which confer a legal title answering to an executory devise; as when a limitation to the use of A. in fee is defeasible by a lim itation to the use of B., to arise at a future period, or on a given event. EXECUTRESS. A female executor. Hardr. 165, 473. See EXECUTRIX.

EXECUTRIX. A woman who has been appointed by will to execute such will or tes tament. EXECUTRY. In Scotch law. The movable estate of a person dying, which goes to his nearest of kin. So called as fall ing under the distribution of an executor. Bell. Exempla illustrant non restringunt legem. Co. Litt. 240. Examples illustrate, but do not restrain, the law. EXEMPLARY DAMAGES, on a punitive scale, given in respect of tor tious acts, committed through malice or other circumstances of aggravation; damages de signed not only as a compensation to the in jured party, but also as a punishment to the wrong-doer for his violence, oppression, mal ice, or fraud. E X E M P L I GRATIA. For the pur pose of example, or for instance. Often ab breviated "ex. gr." or "e. g." EXEMPLIFICATION. An offi cial transcript of a document from public records, made in form to be used as evidence, and authenticated as a true copy. EXEMPLIFICATIONS A writ grant ed for the exemplification or transcript of an original record. Reg. Orig. 290. EXEMPLUM. In the civil law. Copy; a written authorized copy. This word is also used in the modern sense of "example,"— ad exemplum constituti singulares non trahi, exceptional things must not be taken for ex amples. Calvin. EXEMPT, v. To relieve, excuse, or set free from a duty or service imposed upon the general class to which the individual exempt ed belongs; as to exempt from militia serv ice. See 1 St. at Large, 272. To relieve certain classes of property from liability to sale on execution. EXEMPT, n. One who is free from lia bility to military service; as distinguished from a detail, who is one belonging to the army, but detached or set apart for the time to some particular duty or service, and liable, at any time, to be recalled to his place in the ranks. 39 Ala. 379. EXEMPTION. Freedom from a general duty or service; immunity from a general burden, tax, or charge. A privilege allowed by law to a judgment

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