Also known as: executor administrator provision
Written by attorneys · grounded in primary & secondary sources — see below
A provision of the Statute of Frauds that renders unenforceable an oral contract by which an executor or administrator promises to answer for a duty of the decedent. The rule protects estate assets from unfounded personal claims against fiduciaries and requires a signed writing or applicable exception before enforcement.
Esme Ellington, executor of a deceased physician's estate, orally told vendor Eastern Electric that she would personally cover unpaid equipment invoices if the company continued supplying the office. Eastern Electric delivered the goods. When the estate refused payment, Eastern Electric sued Esme individually. The court dismissed the claim because the promise fell within the executor-administrator provision and lacked a signed writing.
Enzo Eastwood, administrator of a decedent's estate, orally assured contractor Evergreen Bank that he would personally pay outstanding renovation debts if the bank completed lobby repairs before tourist season. The bank finished the work. When the estate delayed payment, the bank sued Enzo personally. The absence of a signed memorandum barred enforcement under the executor-administrator provision.
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The provision protects estate assets from fabricated or exaggerated claims after the decedent can no longer testify. It reduces perjury risks in disputes over obligations originally owed by the deceased and prevents executors from being subjected to personal liability based on ambiguous oral assurances.
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Yes. The rule covers promises to answer for duties the decedent incurred before death. Promises to pay for new services performed after death may fall outside the provision if they create an original obligation rather than a secondary one.
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Both require a writing, but the executor-administrator provision specifically governs promises by estate fiduciaries to pay decedent debts while the suretyship provision covers any promise to answer for another's duty. The executor rule focuses on protecting estate administration rather than general secondary liability.
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Courts generally hold that part performance does not excuse the writing requirement under this provision. Full performance by the promisee may support equitable arguments in some cases, but the statute's protective policy for estate assets usually controls absent a signed memorandum.
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