Legal Definition and Related Resources of Executor De Son Tort

A person who by so intermeddling with the estate of a deceased person, takes upon himself the office of executor , although he has not been constituted by the deceased, and in the absence of that designation has not also been appointed to act as administrator by a court of competent jurisdiction . Johnston v Johnston, 55 So.2d 838, 256 Ala. 485. A person may also make himself executor de son tort by answering as executor to any action brought against him. It has been said that there can be no executor de son tort through the interference of a person with freehold property of a deceased person but only in relation to the personalty . Pryor v Downey, 50 Cal. 388. The intermeddler is treated as an executor only for the purpose of fixing liability upon him. His acts do not ordinarily bind the estate, unless they are such that they are lawful and the true representative was bound to perform the same in the due course of administration . Walker v Portland Savings Bank, 113 Me. 353, 93 A. 1025.

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Executor De Son Tort in Historical Law

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English Legal System: Executor De Son Tort

In the context of the English law, A Dictionary of Law provides the following legal concept of Executor De Son Tort : (French: by his own wrongdoing)

A person who deals (intermeddles) with a deceased person’s assets without the authority of the rightful personal representatives or of the court. He is answerable to the rightful personal representatives and to the creditors of the estate for any acts done without such authority and for any assets of the estate that come into his hands.