Substituted Executor - Law Dictionary Search Results
Home Dictionary Name: substituted executorSubstituted executor
Substituted executor, one appointed to act in the place of another executor, upon the happening of a certain event, e.g., if the latter should refuse the office...
Executor
Executor. A person appointed by a testator to carry out the directions and requests in his will, and to dispose of the property according to his testamentary provisions after his decease.One who performs or carries out some act, Black's Law Dictionary, 7th Edn., p. 591.The leading duties and responsibilities of an executor may be thus classed:-(1) He will not be allowed as against creditors extravagant funeral expenses if the testator died insolvent; and if he neglects to secure the property, and loss ensue, he will be personally liable for a devastavit, but will not be responsible for mere neglect to take out probate (Re Stevens, (1898) 1 Ch 162). See DEVASTAVIT.(2) By operation of law by virtue of his office he takes a title to the personal property of the testator which vests him with full power ovr the testator's chattels, Attenborough v. Solomon, 1913 AC 76, and by Administration of Estates Act, 1925, s. 1, extending and amending the Land Transfer Act, 1897, real property devolves...
Executor of an executor
Executor of an executor. The interest in a testator's estate and effects, vested in his executor, at the decease of the executor, devolves upon such executor's executor; but in the case of the decease of an administrator, a fresh administration must be granted; for this reason, that, whereas an executor is appointed by the testator, an administrator merely derives his authority from the Court of Probate. See In the Goods of Reid, 1896, P. 129; and A.E. Act, 1925, s. 7....
Executor de son tort.
Executor de son tort. See (English) A.E. Act, 1925, ss. 28, 29, and s. 55(1)(xi.). If a stranger take upon himself to act as executor or administrator (see 14 Halsbury's L. of E., 2nd Edn., para. 282), without any just authority (as by intermeddling with the goods of the deceased, and any other transactions), he is called in Law an executor of his own wrong, de son tort, and is liable to the extent of the assets which have come to him and to all the trouble of an executorship without any of the profits or advantages; but the doing of acts of necessity or humanity, as locking up the goods or burying the corpse of the deceased, will not amount to such an intermeddling as will charge a man as executor of his own wrong. Such an one cannot bring an action himself in right of the deceased; but actions may be brought against him, 1 Wms. Exors.; and see Peters v. Leeder, (1878) 47 LJ QB 573; A.-G. v. New York Breweries Co., 1899 AC 62. As to his liability in respect of a term of years of which...
Debtor-Executor
Debtor-Executor. At law, if a testator appoints his debtor executor, the debt is released. In equity, however, the executor is accountable for the amount of his debt, as assets of the testator. See Freakley v. Fox, 9 B. & C. 134; Re Hyslop, (1894) 3 Ch 522; and see Wms. On Executors, 12th Edn., p. 858....
Substitution
Substitution, indicate that the process cannot be split up into two pieces like this. If the process described as substitution fails, it is totally in-effective so as to leave intact what was sought to be displaced, State of Maharashtra v. C.P. Manganese Ore Co., AIR 1977 SC 879: (1977) 1 SCC 643.Substitution. In the Civil Law a conditional appointment of a h'res. See Cum. C.L. 143; Sand Just.In Scots law the enumeration or designation of the heirs in a settlement of property. Substitutes in an entail are those heirs who are appointed in succession on failure of others.The word substitution necessarily or always connotes two severable steps, that is to say, one of repeal and another of fresh enactment. Indeed, the natural meaning of the word 'substitution' is to indicate that the process cannot be split up into two pieces like this. If the process described as substitution fails, it is totally ineffective so as to leave intact what was sought to be displaced. That seems to be the ordin...
De son tort, executor
De son tort, executor, a stranger who takes upon himself to act as executor. See EXECUTOR DE SON TORT...
Executor lucratus
Executor lucratus, an executor who has assets in his hands; it included the case of an executor of a testator who in his lifetime made himself liable by a wrongful interference with the property of another; see Davidson v. Tulloch, (1860) 6 Jur. (N.S.) 543, H.L.3 Macq....
Limited executor
Limited executor, an executor whose appointment is qualified by limitations as to the time or place wherein, or the subject-matter whereon, the office is to be exercised; as distinguished from one whose appointment is absolute, i.e., certain and immediate, without any restriction in regard to the testator's effects or limitation in point of time, 1 Wms. Exors....
substitution
substitution : the substituting of one person or thing for another: as a in the civil law of Louisiana : a disposition not in trust by which a donee, heir, or legatee is charged to hold property transferred and return it to a third person compare fidei commissum, vulgar substitution NOTE: Substitutions are prohibited. b : replacement of a party to an action with a successor or representative upon motion to the court when the party is unable to continue litigating (as because of death, incompetency, transfer of interest, or loss of the office for which the party was suing or being sued in an official capacity) c : the replacement of a new agreement or obligation for an old one see also novation sub·sti·tu·tion·al [-shə-nəl] n sub·sti·tu·tion·ary [-shə-nər-ē] adj ...
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