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Latin. To follow to the end. One who performs or carries out some act. Administrator, executive officer. The person named by the testator in a will to manage and administer the estate in accordance with the instructions of the will.


The fiduciary obligations of an executor are usually defined in very general terms. An executor must “exercise the judgment and care under the circumstances then prevailing, which men of prudence, discretion and intelligence exercise in the management of their own affairs.” The executor is required to use good faith and prudence consistent with his duty. Hanscom v. Marston, 82 Me. 288, 297, 19 A. 460, 462 (1890). But good faith and prudence are not alone enough; the executor must take care to enlighten his judgment. Mattocks v. Moulton, 84 Me. 545, 551, 24 A. 1004, 1006 (1892). The executor must preserve from depletion the total fund in which all of the beneficiaries will share. In re Estate of Morine, Me., 363 A.2d 700, 704 (1976). The executor must be impartial among beneficiaries. Id. An executor representing that he has more skill than an ordinary person is under a duty to use that skill. See ...

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