§ V. On the Executor of a Testament

I. The executor of a testament is called he to whom the office belongs of causing all the conditions and clauses of the testament to be put into execution according to the intention of the testator and the right interpretation of the words contained in it.

II. The executor of a testament is designated by the testator himself; or if the testator has not done this, or the one who has already been designated does not accept or cannot accept the office, then from Roman law the heir is held as executor; but according to our laws he is designated by the Court.

III. According to our laws, generally speaking, all can be executors of testaments, except those who cannot make testaments.

IV. There are many offices of the executor of a testament, but the principal ones are: that he obtain in the Court the authentication or proof of the validity of the testament; that he institute an inventory of the goods; that he satisfy creditors according to the order prescribed by law; and finally that he distribute justly and faithfully the goods which remain to the heirs and legatees. - Cf. Kenrick, nn. 34 and 35. - Wells, Every Man, etc., pp. 94 and 95. - Bouvier, Law Dictionary, under the word Executor.

The wills of the faithful donating or leaving their property for pious causes, whether by an act between the living or by an act on account of death, are to be fulfilled most diligently, even concerning the manner of administration and disbursement of goods, with the prescription of can. 1515, §3, preserved (Can. 1514).

§1. Ordinaries are the executors of all pious wills, both on account of death and between the living.

§2. By this right Ordinaries can and ought to watch, even through visitation, that pious wills are fulfilled; and other delegated executors, having discharged the office, must render an account to them.

§3. Clauses contrary to this right of Ordinaries, added to last wills, are to be held as not added (Can. 1515).

§1. A cleric or religious who has received fiduciary goods for pious causes, whether by an act between the living or from a testament, must inform the Ordinary concerning his trust, and indicate to him all goods of this sort, whether movable or immovable, with the burdens attached; but if the donor expressly and altogether forbids this, let him not accept the trust.

§2. The Ordinary must require that fiduciary goods be placed in safety, and watch for the execution of the pious will according to the norm of can. 1515 (Can. 1516).