| slovo | definícia |
executory
(encz) | executory,exekuční adj: Zdeněk Brož |
executory
(encz) | executory,vykonavatelský adj: Zdeněk Brož |
executory
(encz) | executory,výkonný adj: Zdeněk Brož |
Executory
(gcide) | Executory \Ex*ec"u*to*ry\, a. [LL. executorius, L. exsecutorius:
cf.F. ex['e]cutoire.]
1. Pertaining to administration, or putting the laws in
force; executive.
[1913 Webster]
The official and executory duties of government.
--Burke.
[1913 Webster]
2. (Law) Designed to be executed or carried into effect in
time to come, or to take effect on a future contingency;
as, an executory devise, reminder, or estate; an executory
contract. --Blackstone.
[1913 Webster] |
EXECUTORY
(bouvier) | EXECUTORY. Whatever may be executed; as an executory sentence or judgment,
an executory contract.
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| | podobné slovo | definícia |
executory
(encz) | executory,exekuční adj: Zdeněk Brožexecutory,vykonavatelský adj: Zdeněk Brožexecutory,výkonný adj: Zdeněk Brož |
EXECUTORY
(bouvier) | EXECUTORY. Whatever may be executed; as an executory sentence or judgment,
an executory contract.
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EXECUTORY DEVISE
(bouvier) | EXECUTORY DEVISE, estates. An executory devise is a limitation by will of a
future contingent interest in lands, contrary to the rules of limitation of
contingent estate is in conveyances at law. When the limitation by will does
not depart from those rules prescribed for the government of contingent
remainders, it is, in that case, a contingent remainder, and not an
executory devise. 4 Kent, Com. 257; 1 Eden's R. 27; 8 T. R. 763.
2. An executory devise differs from a contingent remainder, in three
material points. 1. It needs no particular estate to precede and support it;
for example, a devise to A B, upon his marriage. 2. A fee may be limited
after a fee, as in the case of a devise of land to C D, in fee, and if he
dies without issue, or before the age of twenty-one, then to E F, in fee. 3.
A term for years may be limited over after a life estate created in the
same. 2 Bl. Com. 172, 173.
3. To prevent perpetuities, a rule has been adopted that the
contingency must happen during the time of a life or lives in being and
twenty-one years after, and the months allowed for gestation in order to
reach beyond the minority of a person not in esse at the time of making the
executory devise. 3 P. Wms. 258; 7 T. R. 100; 2 Bl. Com. 174; 7 Cranch, 456;
1 Gilm. 194; 2 Hayw. 375.
4. There are several kinds of executory devises; two relative to real
estate, and one in relation to personal estate.
5.-1. When the devisor parts with his whole estate, but upon some
contingency, qualifies the disposition of it, and limits an estate on that
contingency. For example, when the testator devises to Peter for life,
remainder to Paul, in fee, provided that if James should within three months
after the death of Peter pay one hundred dollars to Paul, then to James in
fee; this is an executory devise to James, and if he dies during the life of
Peter, his heir may perform the condition. 10 Mod. 419; Prec. in Ch. 486; 2
Binn. 532; 5 Binn. 252; 7 Cranch, 456; 6 Munf. 187; 1 Desaus. 137, 183; 4
Id. 340, 459; 5 Day, 517.
6.-2. When the testator gives a future interest to arise upon a
contingency, but does not part with the fee in the meantime; as in the case
of a devise of the estate to the heirs of John after the death of John; or a
devise to John in fee, to take effect six months after the testator's death;
or a devise to the daughter of John, who shall marry Robert within fifteen,
years. T. Raym. 82; 1 Salk. 226; 1 Lutw. 798.
7.-3. The executory bequest of a chattel interest is good, even
though the ulterior legatee be not at the time in esse, and chattels so
limited are protected from the demands of creditors beyond the life of the
first taker, who cannot pledge them, nor dispose of them beyond his own life
interest in them. 2 Kent, Com. 285; 2 Serg. & Rawle, 59; l Desaus 271; 4
Desaus.340; 1 Bay, 78. But such a bequest, after an indefinite failure of
issue, is bad. See 2 Serg. & R. 62; Watk. Prin. Con. 112, 116; Harg. note, 1
Tho. Co. Litt. 595-6, 515-16. Vide, Com. Dig. Estates by Devise., N 16;
Fearne on Rem. 381; Cruise's Dig. Index, h.t.; 4 Kent, Com. 357 to 381; 2
Hill. Ab. c. 43, p. 533.
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EXECUTORY PROCESS
(bouvier) | EXECUTORY PROCESS, via executoria. In Louisiana, this is a process which can
be resorted to only in two. cases, namely: 1. When the creditor's right
arises-from an act importing a confession of judgment, and which contains a
privilege or mortgage in his favor. 2. When the creditor demands the
execution of a judgment which has been rendered by a tribunal different from
that within whose jurisdiction the execution is sought. Code of Practice,
art. 732.
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EXECUTORY TRUS
(bouvier) | EXECUTORY TRUST. A trust is said to be executory where some further act is
requisite to be done by the author of the trust himself or by the trustees,
to give it its full, effect; as, in the case of marriage articles; or, as in
the case of a will, where, property is vested in trustees in trust to settle
or convey.; for, it is apparent in both of these cases, a further act,
namely, a settlement or a conveyance, is contemplated.
2. The difference between an executed and an executory trust, is this,
that courts of equity in cases of executed trusts will construe the
limitations in the same manner as similar legal limitations. White's L. C.
in Eq. 18. But, in cases of executory trusts, a court of equity is not, as
in the case of executed trusts, bound to construe technical expressions with
legal strictness, but will mould the trusts according to the intent of the
creator of such trusts White's L. C. Eq. 18.
3. When a voluntary trust is executory, and not executed, if it could
not be enforced at law, because it is a defective conveyance, it is not
helped in equity, in favor of a volunteer. 4 John. Ch. 498, 500; 4 Paige,
305; 1 Dev. Eq. R. 93.
4. But where the trust, though voluntary, has been executed in part, it
will be sustained or enforced, in equity. 1 John. Ch. R. 329; 7 Penn. St. R.
175, 178; White's L. C. in Eq. *176; 18 Ves. 140; 1 Keen's R. 551; 6 Ves.
656; 3 Beav. 238.
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