executors and administrators

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executors and administrators.

An executor is the person designated in the willwill,
in law, document expressing the wishes of a person (known as a testator) concerning the disposition of her property after her death. If a person dies intestate, i.e.
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 of a deceased person to carry out the provisions of the will. An administrator is the person appointed by a probate court to perform the identical functions if the will does not name any executors or if those who were named executors are not capable of performing the function or are dead. An administrator is also appointed in the case of the death without a will (intestate) of any person who owns property. Those chosen representatives collect the assets and pay the debts of the estate and then distribute what remains to those who are entitled by provisions of the will or by law. To allow performance of these duties the title to the personal property passes to the executor or administrator, rather than to the beneficiaries. The administrator derives his title from the court through his letters of administration. The executor's source of title is the will itself. Besides being the defendants in any suits brought against the estate, the representatives are also authorized to bring actions to compensate the estate for damage suffered before or after death. Administration is not necessary if the heirs, the creditors of the estate, and all others interested in the estate agree to the settlement of debts and the distribution of the property. Under modern statutes, priority of right to be administrator depends largely on nearness of relation to the deceased. Where no relative applies for papers of administration, creditors, public administrators, or suitable strangers may be appointed administrator. One is ineligible to act as an administrator by reason of being an infant, insane, or lacking ordinary integrity. Illiteracy, lack of business experience, immorality, or adverse interests are not disqualifications. The executor or administrator must, in some states, post a bond for honest and faithful discharge of his duties. After he has paid the legacies and otherwise followed the directions of the will so far as legally possible, the court will discharge him if his accounting is correct and he has shown himself to have acted honestly and in good faith; otherwise his bond may be forfeited, and he is made liable to suit.
References in classic literature ?
Here they come under some restrictions; they have to conform to the ordinary rules for trapping, and to submit to such restraints, and to take part in such general duties, as are established for the good order and safety of the camp.
Tenders are invited for Providing One number of TATA Van (12+1) 13 seater or Equivalent Van of Model 2015 and above with POL & Driver on hire basis for shift / general duties of VUGPH/MDPH for a period of Two years at KPCL, Varahi project, Hosangadi.
Too many of our specialist nurses, particularly in areas like mental health and palliative care, are having to carry out general duties which means they have less time to do what they were trained for.
They are conducting a variety of tasks including filling and distributing sandbags, erecting barriers, helping residents, examining the condition of existing flood defences and general duties helping the emergency services.
This should include things like how often she can call her family, her general duties, break periods etc.
Glamorous young Princess Margaret is due to open a missile factory, but Morse is kept far away on general duties, until someone finds a dead body on the shop floor.
The SSP said this strength of 100 cops would be addition to those performing general duties and all Zonal DSPs would brief their staff to ensure better output and convenience to citizens.
Air Marshal Farhat Hussain Khan was commissioned in General Duties (Pilot) Branch of PAF on 06 March, 1977.
The apprentice will be responsible for a range of IT and general duties, such as using bespoke software used within the area, general student enquiries, registering users for borrowing, updating records and dealing with the issue, discharge, renewal and reservation of library resources.
Terry Winder and Mike Delaney were elected house members, Rodney Davies as entertainment member, Ewan Reekie as sports member, Karen Cartawick as lady member and Janet Hook as general duties member.
Andrew Daniels and Anthony Jefferson, both from Redcar, were appointed and began work as general duties operatives.
It is now over three years since the general duties owed to a company by its directors were enacted in Part 10, Chapter 2 of the Companies Act 2006 ("CA 2006").
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