...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...special promise to answer damages out of his own estate, unless the agreement upon which such an action shall be brought, or some memorandum or note thereof,...

...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 charge...

...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...

...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...

...statute of England, of 29 Car. II.) in the words of the law itself: " No action shall be brought where\>y to charge any executor or administrator upon any special promise to answer any debt or damages out of his own estate ; or whereby to charge the defendant i upon any special promise...

...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...

...to be performed within 1930 J ayear, ought to have been reduced into WRITING. The statute says " no action shall be brought, whereby to " charge any executor or administrator, upon any agree" ment that 'S not to be performed WITHIN the spare of " one year from the making thereof; unless...

...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...

...defendantupon any special promise, to answer for the debt, default or miscarriage of another person, or to charge any executor or administrator, upon any special promise, to answer damages out of liis own estate, or to charge any person upon any agreement made upon consideration of marriage, or...