Declaration of Liege Constitutus Executor Legitimus
Last, First-Middle Liege Constitutus Executor Legitimus of the Estate of the decedent ALL CAPS NAME by intestate succession through decent and distribution as a beneficiary and heir with powers of assumption and sur-rogation.
From the History of Roman-Dutch Law
Executors were therefore introduced by no special law, but in the course of time came to be recognized by custom. It was usual for the testator to request some person during his lifetime to act as his executor, and because the executor was a creature of later custom and not of the civil law, he was free to accept or reject the burden. In this respect he differed from the tutor, who was bound to accept the tutorship unless he could plead some valid excuse recognized by the law. There was no law which could compel an executor to act as such if he did not choose to.
In the early wills (fourteenth and fifteenth centuries) the appointment of executors is generally found at the head of the will, and the executors often appear and declare that they will undertake the duty imposed upon them. Sometimes the executor seals the will with his own seal. An executor was therefore an agent appointed by the testator during his lifetime for the sole purpose of seeing that his wishes were duly attended to after his death. The Church stepped in and framed provisions as to how the agent was to carry out his mandate, and these rules were gradually adopted by the civil courts. Before the fifteenth century executors were not given the powers of assumption and sur-rogation : these arose at a later date.
During the sixteenth century the custom of appointing executors was fairly general, and during the seventeenth century their duties were so clearly established by custom that they came to be incorporated into the common law of the country, and were as clear and well defined as those of the heir (Wassenaar, N.P. c. 18, sees. 168 et seq.).
From what has been said it is manifest that the law of Holland dealt almost exclusively with the duties of the testamentary executor. At the same time there is some probability that the executor dative was to a certain, though very slight, degree also known to the law of Holland. Voet tells us that executors were sometimes appointed by the court xed potius bona hereditaria per executorex aut tutores testamento datox, vel a magistratu dandos, administranda sunt donee .certum fv.it posthumos nuUos wiscituros esse, unless indeed the phrase vel a magistratudandos only refers to the word tutores. I have searched all the authorities known to me, and nowhere can I find a 'specific case where an executor dative had been appointed. The ecclesiastical law undoubtedly did recognize the executor legitimus, and it is quite possible that in Holland the bishop may have appointed some person in his stead to administer the gifts ad pias causes. Such a per son would have been an "executor dative". In England we know the ordinary did appoint executors dative to administer intestate estates.
In the powers of the executor legitimus of the ecclesiastical courts we have no doubt the germ of the appointment of an executor dative, but as he was not recognized in the province of Holland he could only have supplied the idea of appointing someone other than the heir to administer intestate estates. The name executor dativus is no doubt derived from the Canon law, where it is used to distinguish the person who administers an intestate estate from the executor testamentarius [testamentary] and the executor legitimus or a lege [liege] constitutus [constitution].
What is LEGITIMUS? Lawful; legitimate. Legitimus lucres et filius est quem nuptice demonstrant, a lawful son and heir is he whom the marriage points out to be lawful. Bract, fol. 63.
liege
historical adjective
1. concerned with or relating to the relationship between a feudal
superior and a vassal.
"an oath of fealty and liege homage"
noun
1.a feudal superior or sovereign.
LIEGE, from the Latin, ligare, to bind. The bond subsisting between the subject and chief, or lord and vassal, binding the one to protection and just government, the other to tribute and due subjection. The prince or chief is called liege lord; the subjects liege men. The word is now applied as if the liegance or bond were only to attach the people to the prince. Stat. 8 Hen. VI. c. 10; 14 Hen. VIII. c. 2; 1 Bl. Com. 367.
Sur-rogation is a psychological phenomenon in which the measure(s) of a construct of interest evolve to replace the construct itself.
[A construct of interest in the philosophy of science is an ideal object, where the existence of the thing may be said to depend upon a subject's mind.]
1. Dative of the Indirect Object (Dativus objecti indirecti)
It indicates the object or the person to which or to whom something is done. It is used:
- a) at the verbs dare to give, donâre to bestow, prodesse to be useful,
profit, nocêre to harm, injure, imperâre to command, rule over etc.
Vir bonus multis prodest, nocet nemini. The good man is useful to many and harms no one. - b) at the verbs favêre to favor, parcere to spare, suadêre to induce, advise, persuadêre to persuade, convince, medêri to heal, cure, nubere to marry, be married to, studêre to be eager for, busy oneself with etc., which in English are constructed with direct object.
- c) with the adjectives utilis useful, inutilis useless, noxius harmful,
noxious, gratus pleasing, ingratus unpleasant, amicus friendly, inimicus
unfrendly, similis like, similar, dissimilis unlike, dissimilar, par equal,
impar unequal, dispar disparate, proximus nearer, closer, finitimus
neighboring, bordering:
Sibi quisque proximus est. Every one is closest to himself. - d) at the verbs that begin with the prefixes ad-, ante-, co- (con-), in-, inter-, ob-, sub-, super-, post-, prae-: Terror incidit exercitui = Dread befall on the host. Pedibus timor addidit alas = Fear gave wings to the feet.
http://www.orbilat.com/Languages/Latin/Grammar/Syntax/Syntax-Cases-Dative.html