Agelena naevia at English => English (Websters 1913) Of Explained:
; 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 mere 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 debtor.
The remedy was only in conscience or by a quo minus in the exchequer.
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 redress.
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
insolvent, he is not warranted in expending 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 inventory (q.v.) of the goods of the
intestate, which should be filed in the office.
11.-5. He should ascertain 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.
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 legacies 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 joint 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 survivors.
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
legislative 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 tenor.
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 acting 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