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EXECUTORY

That which is yet to be executed or performed; that which remains to be carried into operation or effect; incomplete ; depending upon a future performance or event. The opposite of executed. Executory consideration. A consideration which is to be performed after the contract for which it is a consideration is made. Executory fines. These are the fines sur cognisance de droit tantum; sur concessit; and sur done, grant et render. Abolished by 3 A 4 Wm. IV. c 74. Executory interests. A general term, comprising all future estates and interests in land or personalty, other than reversions and remainders. Executory limitation. A limitation of a future interest by deed or will; if by will, it is also called an “executory devise.” Executory process. A process which can be resorted to in the following cases, namely: (1) When the right of the creditor arises from an act importing confession of judgment and which contains a privilege or mortgage in his favor; (2) when the creditor demands the execution of a judgment which has been rendered by a tribunal different from that within whose jurisdiction the execution is sought Code Prac. La. art. 732; Marin v. Lalley, 17 Wall. 14, 21 L. Ed. 596.
As to executory “Bequests,” “Contracts,” Devises,” “Estates,” “Remainders,” “Trusts,” and “Uses,” see those titles.

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