EXECUTIVE

British Encyclopedia · 1933 · p. 355
that branch of the government of a country by which the jaws are carried iuto effect or the enforcement of them superintended. The term is used in distinction from the legislative and the judicial departments. ° EXECUTOR, in law, is one appointed by a man’s last will to carry its provisions into execution after the testator’s death. The testator may by the English law appoint any person of sound mind and discretion, though otherwise under some legal disabilities as to contracting and transacting busine in general, such as a married woman, or a minor. When, however, an infant is appointed sole executor the Judicature Act, 1925, provided that administration of the éstate shall be granted by the court to the infant’s guardian or some other fit person until the infant attains the age of twenty one, when probate of the will may be granted to the infant, and until then the infant is for no purpose au executor. A trust corporation or & company, e.g. a bank, is commonly also made an executor. The duties of executors and of aciministrators, who are collectively called ‘personal representatives,’ are in general the same, the difference in the two depending mostiy on the mode of appointment. The executor is nominated by the testator, the administrator by the High Court.
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