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VII. Law
  
  7.5 Potentiality of Law  
  Article 270-Executor  
  Canon 3045  
  Executor is the term used to define the most potentially powerful level and source of Official Power within any valid system of law based on trust. The power and authority of the Office of Executor is called Dominium.  
  Canon 3046  
 

The word Executor comes from the Latin exsecutor meaning “one who speaks for himself, is his (their) own commander and manager". The Latin word itself is derived from three primary Latin words ex meaning "by reason of, through or in accordance with", se meaning "himself, herself or themselves" and cutis meaning "skin (flesh)".

 
  Canon 3047  
  By definition, an Executor is appointed by the creator of a Trust. There are only four valid methods by which an Executor is appointed being By the Grantor, By the Testator, By the Deed or By the Tenor:  
  (i) By the Grantor is when an Executor is appointed by the Grantor of a Trust; or  
  (ii) By the Testator is when an Executor is appointed by direct naming by the Testator of a Will to manage and administer the decedents' estates in executing the will of a Testamentary Trust; or  
  (iiii) By the Deed is when an Executor is appointed in accordance with the terms of a Deed of Trust such as granting the power of appointment to one or more beneficiaries of a society possessing a valid system of law and elections; or  
  (iv) By the Tenor ("to the tenor") and traditionally called is when an Executor is appointed in absence of clear instruction by Deed, Grantor or Testator based on one or presumptions that if found to be false immediately dissolve any presumed powers.  
  Canon 3048  
  There are six (6) main types of Executors based on the legitimacy of their Authority and the manner of their appointment:  
  (i) Exsecutor Generalis, also known as "General Executor" is the highest form of Executor having complete Authority and Dominion over the Trust and its Assets. There can only be one General Executor for a Trust; and  
  (ii) Exsecutor Ab Episcopo Constitutus, also known as an "Executor Dative" is an Executor appointed by ecclesiastical authority to administer the estate of a deceased who did not leave a will (died intestate) ; or  
  (iii) Executor Testamentarius, also known as a "Testamentary Executor" is an executor appointed by a Testator; or  
  (iv) Executor Nominatum , also simply known as a "Executor" is an executor appointed by a Grantor, Testator or through terms of the Deed; or  
  (v) Exsecutor Lucratus, also known as an "Executor" is an Executor that possesses the assets of the Testator by law, based on one or more presumptions on account of some undischarged debts that do not permit the assets to be released to a named Executor/Beneficiary; or  
  (vi) Exsecutor De Son Tort, also known as an "Illegitimate Executor" is a person who acts like an executor even though s/he has no authority to do so.  
  Canon 3049  
  The word Executor is equivalent to the words, ranks and positions of Monarch, Emperor, Leader or Head of State. However, the word is not equivalent to hereditary or life appointment. Hereditary dictatorship is an abomination of all civilized law and expressly forbidden in all its forms.  
  Canon 3050  
  The ancient purpose and legitimacy of a Executor was to temporarily concentrate power and authority of Dominium during a period of crisis or conflict to direct and manage the affairs of office holders entrusted into service, otherwise known as "trustees".  
     
     
     
 
 

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