EXECUTOR (Lat. gperformer9). An executor is one to whom another man commits his last will and testament for execution of that last will and testament (2 Black. Comm. 503). A person to whom a testator by his will commits the execution or putting in force of that instrument and its codicils. The following is a brief summary of an executor's duties: (1) He must bury the deceased in a man ner suitable to the estate left behind. But no unreasonable expenses will be allowed, nor any unnecessary expenses if there is risk of the estate's proving insolvent. (2) Within a convenient time after the testator's death, he should collect the goods of the deceased, if he can do so peaceably ; if resisted he must apply to the courts for relief. (3) He must prove the will, and take out administration papers. (4) Ordinarily, he must make an in ventory of personal property, and in some States of real estate also. (5) He must next collect the goods and chattels, and have the claims in ventoried, with reasonable diligence. And he
is liable for a loss by the insolvency of a debtor, if it results from his gross delay. (6) He must give notice of his appointment in the statutory form and should advertige for debts and credits. (7) The personal effects he must deal with as the will directs, and the surplus must be turned into money and divided as if there was no will. An administrator must at once collect, appraise and sell the whole. The safest method of sale is a public auction. (8) He must keep the money of the estate safely, but not mixed with his own, or he may be charged interest on it. (9) He must be at all times ready to actually, file an account within the year generally prescribed by statute. (10) He must pay the debts and legacies in the ,order required by law. Funeral expenses are preferred debts. See ESTATE.