Executorial Trustee Law and Legal Definition

Executorial trustee is a person who is appointed as an executor of a decedent's estate and also is given powers and duties as a trustee, in reference to a testamentary trust created by the will.

Executorial trustees, directed by the will to receive the rents and profits of real estate, apply them to the use and benefit of a person for life, and who permit the beneficiary to occupy and use the devised premises, are entitled to commissions on the annual income thereof. [In re Washbon's Estate, 14 N.Y.S. 672 (N.Y. Sup. Ct. 1891)].