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JOINT EXECUTORS
(bouvier) | JOINT EXECUTORS. It is proposed to consider, 1. The interest which they have
in the estate of the deceased. 2. How far they are liable for each other's
acts. 3. The rights of the survivor.
2.-1. Joint executors are considered in law as but one person,
representing the testator, and, therefore, the acts of any one of them,
which relate either to the delivery, gift, sale, payment, possession or
release of the testator's goods, are deemed, as regards the persons with
whom they contract, the acts of all. Bac. Abr. h.t.; 11 Vin. Abr. 358; Com.
Dig. Administration, B 12; 1 Dane's Abr. 583; 2 Litt. (Kentucky) R. 315;
Godolph. 314; Dyer, 23, in marg. 16 Serg. & Rawle, 337. But an executor
cannot, without the knowledge of his co-executor, confess a judgment for a
claim, part of which was barred by the act of limitations, so as to bind the
estate of the testator. 6 Penn. St. Rep. 267.
3.-2. As a general rule, it may be laid down that each, executor is
liable for his own wrong, or devastavit only, and not for that of his
colleague. He may be rendered liable, however, for the misplaced confidence
which he may have reposed in his coexecutor. As, if he signs a receipt for
money, in conjunction with another executor, and he receives no part of the
money, but agrees that the other, executor shall retain it, and apply it to
his own use, this is his own misapplication, for which he is responsible. 1
P. Wms. 241, n. 1; 1 Sch. & Lef. 341; 2 Sch. & Lef. 231; 7 East, R. 256; 11
John. R. 16; 11 Serg. & Rawle, 71; Hardw. 314; 5 Johns. Ch. R. 283; and see
2 Bro. C. C. 116; 3 Bro. C. C. 112; 2 Penn. R. 421; Fonb. Eq. B. 2, c. 7, s.
5, n. k.
4.-3. Upon the death of one of several joint executors, the right of
administering the estate of the testator devolves upon the survivor. 3 Atk.
509 Com. Dig. Administration, B 12; Hamm. on Parties, 148.
5. In Pennsylvania, by legislative enactment, it is provided, "that
where testators may devise their estates to their executors to be sold, or
direct such executors to sell and convey such estates, or direct such real
estate to be sold, without naming, or declaring who shall sell the same, if
one or more of the executors die, it shall or may be lawful for the
surviving executor to bring actions for the recovery of the possession
thereof, and against trespassers thereon; to sell and "convey such real
estate, or manage the same for the benefit of the persons interested
therein." Act of March 12, 1800, 3 Sm. L. 433.
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