A Treatise on the Law of Executors and Administrators

A Treatise on the Law of Executors and Administrators

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1883 edition. Excerpt: ...But this is only so far as relates to charging him with reference to the assets in his hands; and his personal liability may transcend the limit of the means at his command where he contracts without a careful reservation in that respect. For, though a bare promise by the executor or administrator binds only the assets, the true doctrine is that he may make himself personally liable by his written promise, founded upon a sufficient consideration.3 255., The same Subject; how such Liability is incurred; Statute of Frauds; Sufficient Consideration, etc.--Let US dwell briefly upon this point of a written contract by the representative founded in sufficient consideration. In both England and the United States the executor's or administrator's promise to pay a debt or to answer for damages of his decedent will not, it is held, render him personally liable unless there was a sufficient consideration to support the promise; for a bare promise charges him, not out of his own estate, but only in a representative capacity and to the extent of the assets in his hands, just as though he had made no promise.1 A bare promise, there being no assets at all, is, therefore, nudum pactum; and so is any promise made, by one having no actual or potential representative character, to pay a dead person's debts.2 Under the Statute of Frauds, such collateral promises to bind one individually should be made in writing;3 and, moreover, on general principle, there should either be a seal to import a consideration or else an actual good consideration for the promise. A verbal promise, therefore, of the representative to pay his decedent's debt may be void as without consideration or void under the Statute of Frauds as not reduced to writing.4 1 Marshall v. Broadhurst, ...show more

Product details

  • Paperback | 292 pages
  • 189 x 246 x 15mm | 526g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236585720
  • 9781236585721