JOINT EXECUTORS - Steven J. Coker
Subject: JOINT EXECUTORS
From: Steven J. Coker
Date: December 21, 1998

Extracted From:
  A LAW DICTIONARY ..., SIXTH EDITION, 1856
  by John Bouvier, CHILDS & PETERSON, PHILADELPHIA


JOINT. United, not separate; as, joint action, or one which is brought by
several persons acting together; joint bond, a bond given by two or more
obligors. 


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. 

  -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.... 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....

  -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.

  -3. Upon the death of one of several joint executors, the right of
administering the estate of the testator devolves upon the survivor....

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." ....

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