in Law, is one to whom is committed the duty of administering the moveable estate of a deceased person for the benefit of all concerned therein. In Scots law, executors are either nominate, i.e., appointed by will, or dative, i.e., appointed by the court. In English law, the term executor properly belongs only to the former of these, the latter being called administrators. Executors-dative and administrators are appointed when none have been nominated by will, or when those so nominated refuse to act. They differ from executors-nominate chiefly in the manner of their appointment; their duties are in general the same. The right to nomination as executors-dative or administrators is, generally speaking, in the order of interest in the moveable estate of the deceased. In Scots law, persons entitled to the estate by a general settlement have a right to be appointed before others; failing them, the next of kin are preferred; failing them, the widow; failing her, creditors,—and failing them, legatees. In English law, the widow or the next of kin or both of them may be appointed; failing them, creditors; and failing them, the Ordinary may appoint whomsoever he may think proper. In practice, however, it is usual when the executor refuses to act, to grant administration to the residuary legatee, that is, the person entitled by will to the remainder of the personal property after payment of the debts and legacies. An executor may refuse to act, but having once acted he cannot divest himself of the office or its responsibilities. He has to prove the will before the proper court, and to exhibit on oath an inventory of the whole moveable estate of the deceased on a stamp corresponding to the value of the estate; on which he obtains a title to act, called in England a probate, in Scotland a confirmation. Before obtaining this title he may take possession of the moveables, pay and receive debts, and do other acts in execution of the will, but cannot become a party in any suit either as pursuer or defen- The other duties of an executor are the burial of the deceased in a suitable manner, the collecting of his goods and chattels, and the recovery of such as are withheld, the payment of his just and lawful debts, deathbed and funeral expenses, and expenses of administration, and the disposal of the residue as by will or by law directed.

The office of executor is one of great trust and responsibility. As representative of the deceased, he has the same property in his goods as the principal had when living, and the same remedies to recover them. He is at the same time a trustee for behalf of the creditors, legatees, and next of kin of the deceased; and accordingly acts inferring fraud or negligence are treated with great severity. Executors-dative and administrators are required to find security for the faithful execution of their trust to an amount not exceeding the amount of the inventory. An executor is liable for the debts of the deceased only to the amount of the inventory, but if he introit with the funds or moveables so as to lead to a suspicion of fraud, or so as to leave no means of ascertaining its extent, he is liable for all the debts of the deceased; and strangers introiting in the same manner, incur the like liability. If he pay sums not due by the deceased, he will be personally liable for the amount to the persons interested, unless such are paid upon decrees. He is also held liable for any loss occasioned to the estate through negligence. The duties of an executor are of so varied and complicated a nature that any general directions must necessarily be imperfect and might tend to mislead; and therefore the only safe course in all cases of doubt, is to consult a legal adviser.