EXECUTOR, IN ENGLAND, the person to whom the execution of a last will and testa ment of personal estate is by testamentary appointment confided (Williams on Executors, 197). The appointing by will of an E., without giving any legacy or appointing any thing to be done by him, is sufficient to make a will. The appointment of an E. can only be by a will, the person who takes charge of the estate of an intestate being called an administrator (q.v.). The appointment may be either express or constructive, i.e., gathered from the general terms of the will. An early duty of an E. is to take probate (q.v.) of the will. He derives his title solely from the will; the estate vests in him from the death of the testator, at which time his responsibility begins, and from which time he may enter upon all the duties of managing the estate. But his position will not be recognized as suitor in any court until he has taken probate. The whole persona] estate vests in the E., and if the testator has made no disposition of the residue, it devolves, by common law and equity, upon the executor. The court, in some cases only, will endeavor so far to carry out the intentions of the testator as not to give the beneficial interest to the E., where there appears from the will a necessary implication that he should not receive it. By 21 Henry VIII. c. 5, an E. is bound to prepare an inventory of the personal estate. This, if required, must be produced. An E. may raise actions in respect to the estate in his charge; and generally it may be said that his powers, duties, and liabilities are commensurate with those of the deceased. He may enter the house of the deceased to remove the personal property. The first claims to be discharged are those of the funeral and the expenses of probate. He must then pay the debts; and he is responsible for paying them in due order, so that those having a legal preference shall first be discharged. An E. is not bound to accept the office; but he administer,
he cannot then renounce the executorship without cause. On the death of an E. the office does not pass to his executor.
An E. to a will in Scotland is called a testamentary E., to distinguish him from the next of kin, who are styled executors. The term E. is given to all who manage the estate of a deceased, whether appointed by will or by authority of the court. The former are called executors nominate; the latter, executors dative. All executors must, before entering upon their duties, obtain confirmation, (q.v.) from the commissary court. This is equivalent to probate in England. But in Scotland, no right vests in the E. until after confirmation, except a title to sue, being exactly the reverse of the English rule. An E. acting without confirmation is called a vitious intromitter (q.v.). Executors must, on entering upon their office, exhibit a full inventory of the whole movable estate of the deceased. An E. is only liable to the extent of the inventory. He is not bound to pay interest on the funds in his hands unless they bore interest before confirmation, or unless he is guilty of undue delay in administering the estate. He is not bound to pay the debts for six months after the death of the deceased. But, as in England, the expenses of the funeral and confirmation are entitled to immediate payment. Servants' wages and a year's house-rent have also a preferable claim. An E. is entitled to claim one third of the dead's part (q.v.), after deducting debts. But should he receive a legacy, he is bound to impute that towards payment of his claim.