Point V. On the Executor of a Testament

834. • The executor of a testament is he whom the testator has named for executing the testamentary dispositions. But when no one has been named, the execution of the testament pertains to the heirs. Concerning the execution of a testament these things are to be held ¹:

¹ The things which the Author adds in this place pertain almost entirely to Gallic law.

1. In order that someone be executor of a testament, it is necessary that he have the capacity of obliging himself. Hence interdicted persons, minors, even with the tutor consenting, and, from Gallic Law, wives without the consent of the husband, cannot be executors. Religious can be executors by permission of their Prelate, unless the Rule of the Order stands in the way.

2. Several executors of a testament can be instituted, and when one is absent, the other can proceed to the execution of the testament. The executor of a testament does not transmit this office to his heirs.

3. The executor ought to watch carefully: 1. that seals are affixed, if among the heirs there are minors, interdicted persons, or absent persons; 2. that an inventory be made, with the nearest heir present or duly summoned; 3. that movables be sold, if money is lacking for the payment of legacies; 4. that he urge the execution of the testament.

4. Expenses which are made by the executor for the sake of fulfilling his office must be paid from the hereditary things. No one can be compelled to accept that office; but if he accepts, he is held to an account of the administration.