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" The rule must be regarded as well settled that the contracts of executors, although made in the interest and for the benefit of the estate they represent, if made upon a new and independent consideration, as for services rendered, goods or property sold... "
The New York Supplement - Page 722
1895
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The American and English Encyclopedia of Law, Volume 7

John Houston Merrill, Thomas Johnson Michie, Charles Frederic Williams, David Shephard Garland - 1889 - 1090 pages
...settled that the contracts of executors, although made in the interest and for the benefit of the estates they represent, if made upon a new and independent...contracts of the executors, and do not bind the estate, notwithstanding the services rendered, or goods or property furnished, or other consideration moving...
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Miscellaneous Reports. Cases Decided in the Courts of Record of ..., Volume 102

New York (State). Courts, Francis Blaine Delehanty (Reporter), Austin B. Griffin (Reporter), Robert George Scherer (Reporter), Edward Jordan Dimock (Reporter), Joseph Albert Lawson (Reporter), Charles Cook Lester (Reporter), William Van Rensselaer Erving (Reporter), Louis J. Rezzemini (Reporter) - 1918 - 832 pages
...trustees cannot, by their executory contracts, although made in the interest and for the benefit of the estate they represent, if made upon a new and independent consideration, bind the estate and thus create a liability not founded upon the contract or obligation of the testator....
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Ohio Legal News, Volume 2

1895 - 794 pages
...of executors, although made in the interest and for the benefit of the estate they represent, if 1 made upon a new and independent consideration, as...contracts of the executors and do not bind the estate, notwithstanding the services rendered, or goods or property furnished, or other consideration moving...
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The Northwestern Reporter, Volume 65

1896 - 1182 pages
...the benefit of the estate they represent, if made upou a new and independent consideration, • * * are the personal contracts of the executors, and do not bind the estate." Austin v. Munro, 47 NY 30«, 367. "The action here is exclusively upon the undertaking of the defendant,...
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Lawyers' Reports Annotated, Book 30

1896 - 922 pages
...well settled that the contracts of executors, although made in the interest and for the benefit of the estate they represent, if made upon a new and independent consideration, . . . are the personal contracts of the executors, and do not bind'the estate." Austin v. Munro, 47...
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Probate Reports Annotated: Containing Recent Cases of General ..., Volume 1

Frank Sumner Rice, William Lawrence Clark - 1897 - 806 pages
...well settled that the contracts of executors, although made in the interest and for the benefit of the estate they represent, if made upon a new and...executors as promisors, are the personal contracts of thu executors, and do not bind the estate, notwithstanding the services rendered or goods or property...
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The American State Reports: Containing the Cases of General Value ..., Volume 54

Abraham Clark Freeman - 1897 - 1012 pages
...for the benefit of the estate they represent, if made upon a new and independent consideration, .... are the personal contracts of the executors, and do not bind the estate": Austin v. Munro, 47 NY 360. "The action here is exclusively upon the undertaking ot the defendant,...
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The American State Reports: Containing the Cases of General Value ..., Volume 54

Abraham Clark Freeman - 1897 - 1022 pages
...well settled that the contracts of executors, although made in the interest and for the benefit of the estate they represent, if made upon a new and independent consideration, .... are the personal contracts of the executors, and do not bind the estate": Austin v. Munro, 47...
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Forms of Pleading in Actions for Legal Or Equitable Relief ..., Volume 1

Austin Abbott, Carlos Coolidge Alden - 1898 - 854 pages
...the goods, chattels and credits which were of said deceased. in the interest and for the benefit of the estate they represent, if made upon a new and...consideration, as for services rendered, goods or property sold nnd delivered, or other consideration moving between the promisee and the executors as promisors, are...
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Reports of Cases Argued and Determined in Ohio Courts of Record: Weekly law ...

1899 - 888 pages
...contracts of executors, although made in the interest and for the benefit of the estate they represent, if upon a new and independent consideration, as for services...contracts of the executors and do not bind the estate, notwithstanding the services rendered, or goods, or property furnished, or other consideration moving...
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