英文法律词典 E-38
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EXECUTOR, trusts. The word executor, taken in its largest sense, has several accep tations. 1. Executor dativus, who is one called an administrator1 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 testament2 of personal estate is , by the testator's appointment, confided3, and who has accepted of the same. 2 Bl. Com. 503; 2 P. Wms. 548; Toller, 30; 1 Will. on Ex. 112 Swinh. 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 qualified4; his appointment is absolute when he is constituted certainly, immediately, and without restriction5 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 conditional6. 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 chattels7 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 creditors10 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 precedent11 or subsequent. Godolph. Orph. Leg. pt. 2, c. 2, s. 1; Off. Ex. 23. 6. An executor derives12 his interest in the estate of the deceased entirely13 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 mere14 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 debtor15. The remedy was only in conscience or by a quo minus in the exchequer16. 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 redress17.

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 insolvent18, he is not warranted in expending19 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 inventory20 (q. v.) of the goods of the intestate, which should be filed in the office.

11. - 5. He should ascertain21 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. #p#副标题#e#

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 legacies22 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 joint23 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 survivors24.

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 legislative25 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 tenor26.

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 acting27 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 lawfully28 appointed by the testator, by his will. Deriving30 his authority from the will, he may do most acts, before he obtains letters testamentary, but he must be possessed31 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 lawful29 authority, undertakes to act. as executor of a person deceased. To make fin32 executor de son tort, the act of the party must be, 1. Unlawful. 2. By assertingownership, as taking goods or cancelling a bond, and not committing a mere, trespass33. 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 doctrine34 of pro9 hoerede gestio. See Heinnec. Antiq. Syntagma, lib. 2, tit., 17, §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. Legacy35, 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; Imp36. 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 ussurpation of an office or character cannot confer the rights and privileges of it, although it may charge the usurper37 with the duties and obligations annexed38 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 improper39 to allege40 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. Abatement41, 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, §§2, 3.

27. An executor to the tenor. This phrase is ased 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 treatises42 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, par8 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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1 administrator SJeyZ     
n.经营管理者,行政官员
参考例句:
  • The role of administrator absorbed much of Ben's energy.行政职务耗掉本很多精力。
  • He has proved himself capable as administrator.他表现出管理才能。
2 testament yyEzf     
n.遗嘱;证明
参考例句:
  • This is his last will and testament.这是他的遗愿和遗嘱。
  • It is a testament to the power of political mythology.这说明,编造政治神话可以产生多大的威力。
3 confided 724f3f12e93e38bec4dda1e47c06c3b1     
v.吐露(秘密,心事等)( confide的过去式和过去分词 );(向某人)吐露(隐私、秘密等)
参考例句:
  • She confided all her secrets to her best friend. 她向她最要好的朋友倾吐了自己所有的秘密。
  • He confided to me that he had spent five years in prison. 他私下向我透露,他蹲过五年监狱。 来自《简明英汉词典》
4 qualified DCPyj     
adj.合格的,有资格的,胜任的,有限制的
参考例句:
  • He is qualified as a complete man of letters.他有资格当真正的文学家。
  • We must note that we still lack qualified specialists.我们必须看到我们还缺乏有资质的专家。
5 restriction jW8x0     
n.限制,约束
参考例句:
  • The park is open to the public without restriction.这个公园对公众开放,没有任何限制。
  • The 30 mph speed restriction applies in all built-up areas.每小时限速30英里适用于所有建筑物聚集区。
6 conditional BYvyn     
adj.条件的,带有条件的
参考例句:
  • My agreement is conditional on your help.你肯帮助我才同意。
  • There are two forms of most-favored-nation treatment:conditional and unconditional.最惠国待遇有两种形式:有条件的和无条件的。
7 chattels 285ef971dc7faf3da51802efd2b18ca7     
n.动产,奴隶( chattel的名词复数 )
参考例句:
  • An assignment is a total alienation of chattels personal. 动产转让是指属人动产的完全转让。 来自辞典例句
  • Alan and I, getting our chattels together, struck into another road to reassume our flight. 艾伦和我收拾好我们的财物,急匆匆地走上了另一条路,继续过我们的亡命生活。 来自辞典例句
8 par OK0xR     
n.标准,票面价值,平均数量;adj.票面的,平常的,标准的
参考例句:
  • Sales of nylon have been below par in recent years.近年来尼龙织品的销售额一直不及以往。
  • I don't think his ability is on a par with yours.我认为他的能力不能与你的能力相媲美。
9 pro tk3zvX     
n.赞成,赞成的意见,赞成者
参考例句:
  • The two debating teams argued the question pro and con.辩论的两组从赞成与反对两方面辩这一问题。
  • Are you pro or con nuclear disarmament?你是赞成还是反对核裁军?
10 creditors 6cb54c34971e9a505f7a0572f600684b     
n.债权人,债主( creditor的名词复数 )
参考例句:
  • They agreed to repay their creditors over a period of three years. 他们同意3年内向债主还清欠款。 来自《简明英汉词典》
  • Creditors could obtain a writ for the arrest of their debtors. 债权人可以获得逮捕债务人的令状。 来自《简明英汉词典》
11 precedent sSlz6     
n.先例,前例;惯例;adj.在前的,在先的
参考例句:
  • Is there a precedent for what you want me to do?你要我做的事有前例可援吗?
  • This is a wonderful achievement without precedent in Chinese history.这是中国历史上亘古未有的奇绩。
12 derives c6c3177a6f731a3d743ccd3c53f3f460     
v.得到( derive的第三人称单数 );(从…中)得到获得;源于;(从…中)提取
参考例句:
  • English derives in the main from the common Germanic stock. 英语主要源于日耳曼语系。 来自《简明英汉词典》
  • He derives his income from freelance work. 他以自由职业获取收入。 来自《简明英汉词典》
13 entirely entirely     
ad.全部地,完整地;完全地,彻底地
参考例句:
  • The fire was entirely caused by their neglect of duty. 那场火灾完全是由于他们失职而引起的。
  • His life was entirely given up to the educational work. 他的一生统统献给了教育工作。
14 mere rC1xE     
adj.纯粹的;仅仅,只不过
参考例句:
  • That is a mere repetition of what you said before.那不过是重复了你以前讲的话。
  • It's a mere waste of time waiting any longer.再等下去纯粹是浪费时间。
15 debtor bxfxy     
n.借方,债务人
参考例句:
  • He crowded the debtor for payment.他催逼负债人还债。
  • The court granted me a lien on my debtor's property.法庭授予我对我债务人财产的留置权。
16 exchequer VnxxT     
n.财政部;国库
参考例句:
  • In Britain the Chancellor of the Exchequer deals with taxes and government spending.英国的财政大臣负责税务和政府的开支。
  • This resulted in a considerable loss to the exchequer.这使国库遭受了重大损失。
17 redress PAOzS     
n.赔偿,救济,矫正;v.纠正,匡正,革除
参考例句:
  • He did all that he possibly could to redress the wrongs.他尽了一切努力革除弊端。
  • Any man deserves redress if he has been injured unfairly.任何人若蒙受不公平的损害都应获得赔偿。
18 insolvent wb7zK     
adj.破产的,无偿还能力的
参考例句:
  • They lost orders and were insolvent within weeks.他们失去了订货,几周后就无法偿还债务。
  • The bank was declared insolvent.银行被宣布破产。
19 expending 2bc25f0be219ef94a9ff43e600aae5eb     
v.花费( expend的现在分词 );使用(钱等)做某事;用光;耗尽
参考例句:
  • The heart pumps by expending and contracting of muscle. 心脏通过收缩肌肉抽取和放出(血液)。 来自互联网
  • Criminal action is an action of expending cost and then producing profit. 刑事诉讼是一种需要支付成本、能够产生收益的活动。 来自互联网
20 inventory 04xx7     
n.详细目录,存货清单
参考例句:
  • Some stores inventory their stock once a week.有些商店每周清点存货一次。
  • We will need to call on our supplier to get more inventory.我们必须请供应商送来更多存货。
21 ascertain WNVyN     
vt.发现,确定,查明,弄清
参考例句:
  • It's difficult to ascertain the coal deposits.煤储量很难探明。
  • We must ascertain the responsibility in light of different situtations.我们必须根据不同情况判定责任。
22 legacies 68e66995cc32392cf8c573d17a3233aa     
n.遗产( legacy的名词复数 );遗留之物;遗留问题;后遗症
参考例句:
  • Books are the legacies that a great genius leaves to mankind. 书是伟大的天才留给人类的精神财富。 来自辞典例句
  • General legacies are subject to the same principles as demonstrative legacies. 一般的遗赠要与指定数目的遗赠遵循同样的原则。 来自辞典例句
23 joint m3lx4     
adj.联合的,共同的;n.关节,接合处;v.连接,贴合
参考例句:
  • I had a bad fall,which put my shoulder out of joint.我重重地摔了一跤,肩膀脫臼了。
  • We wrote a letter in joint names.我们联名写了封信。
24 survivors 02ddbdca4c6dba0b46d9d823ed2b4b62     
幸存者,残存者,生还者( survivor的名词复数 )
参考例句:
  • The survivors were adrift in a lifeboat for six days. 幸存者在救生艇上漂流了六天。
  • survivors clinging to a raft 紧紧抓住救生筏的幸存者
25 legislative K9hzG     
n.立法机构,立法权;adj.立法的,有立法权的
参考例句:
  • Congress is the legislative branch of the U.S. government.国会是美国政府的立法部门。
  • Today's hearing was just the first step in the legislative process.今天的听证会只是展开立法程序的第一步。
26 tenor LIxza     
n.男高音(歌手),次中音(乐器),要旨,大意
参考例句:
  • The tenor of his speech was that war would come.他讲话的大意是战争将要发生。
  • The four parts in singing are soprano,alto,tenor and bass.唱歌的四个声部是女高音、女低音、男高音和男低音。
27 acting czRzoc     
n.演戏,行为,假装;adj.代理的,临时的,演出用的
参考例句:
  • Ignore her,she's just acting.别理她,她只是假装的。
  • During the seventies,her acting career was in eclipse.在七十年代,她的表演生涯黯然失色。
28 lawfully hpYzCv     
adv.守法地,合法地;合理地
参考例句:
  • Lawfully established contracts shall be protected by law. 依法成立的合同应受法律保护。 来自口语例句
  • As my lawfully wedded husband, in sickness and in health, till death parts us. 当成是我的合法丈夫,无论疾病灾难,直到死亡把我们分开。 来自电影对白
29 lawful ipKzCt     
adj.法律许可的,守法的,合法的
参考例句:
  • It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
  • We don't recognised him to be the lawful heir.我们不承认他为合法继承人。
30 deriving 31b45332de157b636df67107c9710247     
v.得到( derive的现在分词 );(从…中)得到获得;源于;(从…中)提取
参考例句:
  • I anticipate deriving much instruction from the lecture. 我期望从这演讲中获得很多教益。 来自《简明英汉词典》
  • He anticipated his deriving much instruction from the lecture. 他期望从这次演讲中得到很多教益。 来自辞典例句
31 possessed xuyyQ     
adj.疯狂的;拥有的,占有的
参考例句:
  • He flew out of the room like a man possessed.他像着了魔似地猛然冲出房门。
  • He behaved like someone possessed.他行为举止像是魔怔了。
32 fin qkexO     
n.鳍;(飞机的)安定翼
参考例句:
  • They swim using a small fin on their back.它们用背上的小鳍游动。
  • The aircraft has a long tail fin.那架飞机有一个长长的尾翼。
33 trespass xpOyw     
n./v.侵犯,闯入私人领地
参考例句:
  • The fishing boat was seized for its trespass into restricted waters.渔船因非法侵入受限制水域而被扣押。
  • The court sentenced him to a fine for trespass.法庭以侵害罪对他判以罚款。
34 doctrine Pkszt     
n.教义;主义;学说
参考例句:
  • He was impelled to proclaim his doctrine.他不得不宣扬他的教义。
  • The council met to consider changes to doctrine.宗教议会开会考虑更改教义。
35 legacy 59YzD     
n.遗产,遗赠;先人(或过去)留下的东西
参考例句:
  • They are the most precious cultural legacy our forefathers left.它们是我们祖先留下来的最宝贵的文化遗产。
  • He thinks the legacy is a gift from the Gods.他认为这笔遗产是天赐之物。
36 imp Qy3yY     
n.顽童
参考例句:
  • What a little imp you are!你这个淘气包!
  • There's a little imp always running with him.他总有一个小鬼跟着。
37 usurper usurper     
n. 篡夺者, 僭取者
参考例句:
  • The usurper wrested the power from the king. 篡位者从国王手里夺取了权力。
  • The usurper took power by force. 篡夺者武装夺取了权力。
38 annexed ca83f28e6402c883ed613e9ee0580f48     
[法] 附加的,附属的
参考例句:
  • Germany annexed Austria in 1938. 1938年德国吞并了奥地利。
  • The outlying villages were formally annexed by the town last year. 那些偏远的村庄于去年正式被并入该镇。
39 improper b9txi     
adj.不适当的,不合适的,不正确的,不合礼仪的
参考例句:
  • Short trousers are improper at a dance.舞会上穿短裤不成体统。
  • Laughing and joking are improper at a funeral.葬礼时大笑和开玩笑是不合适的。
40 allege PfEyT     
vt.宣称,申述,主张,断言
参考例句:
  • The newspaper reporters allege that the man was murdered but they have given no proof.新闻记者们宣称这个男人是被谋杀的,但他们没提出证据。
  • Students occasionally allege illness as the reason for absence.学生时不时会称病缺课。
41 abatement pzHzyb     
n.减(免)税,打折扣,冲销
参考例句:
  • A bag filter for dust abatement at the discharge point should be provided.在卸料地点应该装设袋滤器以消除粉尘。
  • The abatement of the headache gave him a moment of rest.头痛减轻给他片刻的休息。
42 treatises 9ff9125c93810e8709abcafe0c3289ca     
n.专题著作,专题论文,专著( treatise的名词复数 )
参考例句:
  • Many treatises in different languages have been published on pigeons. 关于鸽类的著作,用各种文字写的很多。 来自辞典例句
  • Many other treatises incorporated the new rigor. 许多其它的专题论文体现了新的严密性。 来自辞典例句
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