EXECUTOR

In Law, an executor is a person appointed by a testator, and whose appointment is confirmed by the proper ecclesiastical court, to execute his will, and to represent him in his personal rights and liabilities. Thus the rights and liabilities of an executor in his representative capacity (the same as those of an administrator), are those of the testator or intestate, arising, — for or against him — either out of contract, or from injury done to his property, real or personal, or from injury done by him to the real or personal property of another; but the liabilities of an executor or administrator do not overreach the property or a ets which he has received, or might but for his negligence or default have received, by virtue of his office. The first and most important duty of executors and administrator sithes payment of debts which attach to the properly in their hands, in the following order; the reasonable expenses of the funeral, and the nece ary expenses of proving the will, or of obtaining letters of administration,being first defrayed. 1st. Debts due to the crown by record or on specialty. 2dly. Debts due to the subject by virtue of the judgment of any court of record. 3dly. Debts acknowledged upon record, as by recognizance. 4thly. Debts due upon specialty, or on account of rent. 5thly. Debts of the crown not upon specialty or record. 6thly. Debts by simple contract. Creditors of each cla are entitled to be paid in full before any thing is allowed to debts of an inferior order; and as betsveen themselves they are paid pro rata as far as the a ets will extend. But an executor will be allowed, upon account, any debt that he may have paid without notice of another debt of a higher cla ; and as between creditors of equal degree, he may, before action brought at law, or decree to account in equity, give preference to any. He may also at any time as against creditors of an equal cla retain a debt due to himself. Next to debts stand, in the first place, specific legacies, t. e. gifts of specific parts of personal estate; and in the next place general legacies, that is, gifts of money payable out of the general residue of such estate: what remains 432 [s. 446]