...assets to satisfy »uch superior debts, he must plead it. By the Statute of (he 2Qth Ch. If. C. 3, no action shall be brought whereby to charge any executor...his own estate, unless the agreement upon which such an action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by...

...commonly called tho Statute of Frauds, it is enacted, That no action shall be brought whereby, &ct. 4* ]. To charge any executor or administrator, upon any...promise, to answer damages out of his own estate. 2. Or to charge the defendant to answer for the debt, default, or miscarriage of another. S. Or to...

...by the Authority aforesaid, That, from and after three Calendar Months after Publication hereof, no Action shall be brought, whereby to charge any Executor...Promise, to answer Damages out of his own Estate, or whereby to charge the Defendant, upon any special Promise, to answer for the Debt, Default, or Miscarriages...

...agreements, hut only requires a new mode of \v*l'iitl«, proof. The words of the statute are, that " no action shall be brought whereby to charge any executor...special promise, to answer damages out of his own estate ; or whereby to charge the defendant, upon any special promise, to answer for the debt, default, or...

...further enacted by the authority aforesaid, that from and after the said 24th day of June, 1677, no action shall be brought, whereby to charge any executor...special promise, to answer damages out of his own estate ; 2, or whereby to charge the defendant upon any special promise to answer for the debt, default, or...

...observe at present, that by the statute 29 Car. II. c. 3. no executor or administrator shall be charged upon any special promise to answer damages out of his own estate, and no person shall be charged upon any promise to answer for the debt or default of another, or upon...

...the authority agreements y aforesajjj That, from and after the said four twentieth day of June, no action shall be brought whereby to charge any executor...promise, to answer damages out of his own estate; (2) or whereby to charge the defendant upon any special promise to answer for the debt, default, or...

...repetition, I shall proceed to consider the several clauses separately. No action shall be brought to charge any executor or administrator upon any special promise, to answer damages out of his own estuteJ] The leading case on this clause is that of Rann v. Hughes: in that case it was stated in the...

...performed within a year (a). It will not follow from the • St. 29 C. 2. c. 3. s. 4. enacts, " that no action shall be brought, whereby to charge any executor...special promise to answer damages out of his own estate — or whereby to charge the defendant upon any special promise to answer for the debt, default, or...

...personulis moritur cum persona applies (41). By stat. 2.Q Car. 2. c. 3. s. 4. " No action shall be brought " to charge any executor or administrator upon any special...estate, unless " the agreement upon which such action shall be brought, " or some memorandum or note thereof sliall be in writing, " and signed by the party...