KFLCC Kingdom Law 2nd Ed.

462

EXECUTOR

EXEMPLIFICATION

are joined in the execution of a will.— Limited executor. An executor whose appointment is qualified by limitations as to the time or place wherein, or the subject-matter whereon, the of fice is to be exercised; as distinguished from one whose appointment is absolute, t. e., certain and immediate, without any restriction in re gard to the testator's effects or limitation in point of time. 1 Williams, Ex'rs, 249, etseq. — Special executor. One whose power and office are limited, either in respect to the time or place of their exercise, or restricted to a particular portion of the decedent's estate. In the civil law. A ministerial officer who executed or carried into effect the judg ment or sentence in a cause. 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 consideration. A consideration which is to be performed after the contract for which it is a consideration is made.— Execu tory fines. These are the fines sur cogmzanoe de droit tantum; sur concessit! and sur done, grant et render. Abolished by 3 & 4 Wm. IV. c. 74.— Executory interests. A general term, comprising all future estates and interests in land or personalty, other than reversions and remainders.— Executory limitation. A lim itation of a future interest by deed or will; if by will, it is also called an "executory devise." •—Executory process. A process which can be resorted to in the following cases, namely: (1) When the right of the creditor arises from an act importing confession of judgment, and which contains a privilege or mortgage in his favor; (2) when the creditor demands the ex ecution of a judgment which has been rendered by a tribunal different from that within whose jurisdiction the execution is sought Code Prac. La. art. 732; Marin v. Lalley, 17 Wall. 14, 21 L. Ed. 596. As to executory "Bequests," "Contracts," "Devises," "Estates," "Remainders," "Trusts," and "Uses," see those titles. EXECUTORY. EXECUTRIX. A woman who has been appointed by will to execute such will or tes tament In Scotch law. The mov able estate of a person dying, which goes to his nearest of kin. So called as falling under the distribution of an executor. Bell. Exempla illustrant non restringunt legem. Co. Litt. 240. Examples illustrate, but do not restrain, the law. EXECUTRY. EXECUTRESS. A female executor. Hardr. 165, 473. See EXECUTRIX.

Barb. (N. Y.) 175; In re Lamb's Estate, 122 Mich. 239, 80 N. W. 1061; Compton v. Mc Mahan, 19 Mo. App. 505. 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 com mits the execution, or putting in force, of that instrument 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 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 d 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, is therein charged with duties in relation to the estate which can only be performed by the executor. — Executor creditor. 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, when the executor named in the will has declined to serve, as also those oth er persons who would be preferentially entitled to administer.— Executor dative. In Scotch law. One appointed by the court; equivalent to the English "administrator with the will an nexed."— Executor de son tort. Executor of his own wrong. A person who assumes to act as executor of an estate without any lawful warrant or authority, but who, by his inter meddling, makes himself liable as an executor to a certain extent. If a stranger takes upon him to act as executor without any just au thority, (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 tori. 2 Bl. Comm. 507. Allen v. Hurst, 120 Ga. 763, 48 S. E. 341; Noon v. Finnegan, 29 Minn. 418, 13 N. W. 197; Brown v. Leavitt, 26 N. H. 495; Hinds v. Jones, 48 Me. 349.— Executor lucratus. An executor who has assets of his testator who in his life time made himself liable by a wrongful inter ference with the property of another. 6 Jur. {N. S.) 543.— General executor. One whose power is not limited either territorially or as to the duration or subject of his trust.— Joint executors. Co-executors; two or more who only to a prescribed point. They are either instituted or

EXEMPLARY DAMAGES.

See DAM

AGES.

EXEMPLI GRATIA. For the purpose of example, or for instance. Often abbre viated "ex. gr." or "e. g."

EXEMPLIFICATION. An official tran script of a document from public records.