EXECUTORS AND ADMINISTRATORS--POWERS OF CO-EXECUTORS

Authors

Abstract

The powers of co-trustees are usually spoken of as "joint," while the powers of co-executors are commonly referred to as "joint and several." As it is fairly obvious that if executors have a several power they may also exercise it jointly, it might be preferable to refer to the powers of co-executors as "joint or several." For not all the powers of a co-executor are joint and several. Some are several, while others are only joint. The general rule is that a co-executor has the several power to bind the estate as to matters in the ordinary course of administration, while certain powers which involve judgment and discretion must be exercised jointly.

Recommended Citation

EXECUTORS AND ADMINISTRATORS--POWERS OF CO-EXECUTORS, 33 Mich. L. Rev. 99 (1934).
Available at: https://repository.law.umich.edu/mlr/vol33/iss1/6