EXECUTION, in music, a term applica ble to every species of musical perfbr mance ; but more particularly used to express a facility of voice or finger in rapid divisions, and other diffi ' cult and intricate passages : it inclitdes, in a general sense, taste, feeling, grace, and expression. ' EXECUTOR, in law, is a person ap pointed by the testator to carry into exe cution his will and testament after his decease. The regular mode of appoint ing an executor is, by naming him ex pressly in the will ; but any words indi cating an intention of the testator to ap point an executor, will be deemed a suffi cient appointment.
Any person capable of making a will is also capable of being an executor but in some cases, persons who are incapa ble of making a will, may nevertheless act as executors, as infants, or married women ; to obviate, however, inconve niences which have occurred respecting the former, it is enacted by stat. 38 Geo.
c 89, that where an infant is sole executor, administration, with the will annexed, shall be granted to the guardian of such infant, or such other person as the spiritual court shall think fit, until such infant shall have attained the age of 21; when, and not before, probate of the will shall be granted him. An exe cutor derives his authority from the will, and not from the probate, and is there fore authorised to do many acts in exe cution of the will, even before it is proved; such as releasing, paying, or receiving of debts, assenting to licences, &c. ; but he cannot proceed at law until he have ob tained probate. If an executor die be fore probate, administration must be taken out with the will annexed ; hut if an exe cutor die, his executor will be executor to the first testator, and no fresh probate will be needed : it will be sufficient if one only of the executors prove the will ; but if all refuse to prove, they cannot after wards administer, or in any respect act as executors. If an executor become a bankrupt, the court of Chancery will ap point a receiver of the testator's effects, as it will also upon the application of a creditor, if he appear to be wasting the assets. If an executor once administer, he cannot afterwards renounce. If an
executor refuse to take upon him the execution of the will, he shall lose his legacy under it. If a creditor constitute his debtor his executor, this is at law a discharge of the debt, whether the exe cutor act or not; provided, however, there be assets sufficient to discharge the debts of the testator : in equity, however, there are some exceptions to this rule The first duty of an executor or administrator is, to bury the deceased in a suitable manner ; and if the executor exceed what is necessary in this respect, it will be a waste of the substance of the testator. The next thing to be done by the exe dutor is, to prove the will, which may be done either in the common form, by tak ing the oath to make due distribution, &c.; or in a more solemn mode, by wit nesses to its execution. By stat. 37 Geo III. c. 9, a. 10, every person who shall ad.: minister the personal estate of any 'per son dying, without proving the will of the deceased, or taking out letters of ad ministration within six calendar months after such person's decease, shall forfeit 501.
If all the goods of the deceased lie within the same jurisdiction, the probate is to be made before the ordinary or bishop of the diocese, where the deceased resided ; but if he had goods and chattels to the value of 51. in two distinct dioceses or jurisdictions, the will must be proved before the metropolitan or archbishop of the province in which the deceased died. An executor, by virtue of the will of the testator, has an interest in all the goods and chattels, whether real or personal, in possession or in action of the deceased ; and all goods and effects coming to his hands will be the assets to make him chargeable to creditors and legatees. An executor or administrator stands person ally responsible for the due discharge of his duty ; if, therefore, the property of the deceased be lost, or through his wil ful negligence become otherwise irreco verable, he will be liable to make it good ; and also where he retains money in his hands longer than is necessary, he will be chargeable not only with the interest, but costs, if any have been incurred.