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 ...
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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, ...
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Add this copy of A treatise on the law of executors and administrators. to cart. $30.01, new condition, Sold by Ingram Customer Returns Center rated 5.0 out of 5 stars, ships from NV, USA, published 2011 by Gale, Making of Modern Law.
Add this copy of A treatise on the law of executors and administrators. to cart. $30.01, new condition, Sold by Ingram Customer Returns Center rated 5.0 out of 5 stars, ships from NV, USA, published 2010 by Gale, Making of Modern Law.
Add this copy of A treatise on the law of executors and administrators. to cart. $31.73, new condition, Sold by Ingram Customer Returns Center rated 5.0 out of 5 stars, ships from NV, USA, published 2010 by Gale, Making of Modern Law.
Add this copy of A Treatise on the Law of Executors and Administrators to cart. $39.69, new condition, Sold by Paperbackshop rated 4.0 out of 5 stars, ships from Bensenville, IL, UNITED STATES, published 2013 by Hardpress Publishing.
Add this copy of A Treatise on the Law of Executors and Administrators to cart. $40.11, new condition, Sold by Paperbackshop rated 4.0 out of 5 stars, ships from Bensenville, IL, UNITED STATES, published 2013 by Hardpress Publishing.
Add this copy of A Treatise on the Law of Executors and Administrators to cart. $50.24, new condition, Sold by Booksplease rated 3.0 out of 5 stars, ships from Southport, MERSEYSIDE, UNITED KINGDOM, published 2013 by Hardpress Publishing.
