This statute also relates to other matters. One clause says that an
executor or administrator cannot be required to pay anything at all
out of his own pocket on any promise that he has made unless it be in
writing. Every one knows about the duties of an executor or
administrator. An executor is one who settles the estate of a person
who has died leaving a will directing what shall be done with his
wealth. An administrator is a person who settles the estate of a
deceased person leaving no will. He is appointed by the law, which
fully states his duties. Let us suppose that an executor is employed
to settle an estate, and that he employs a carpenter to make some
repairs on a house belonging to the estate. The contract is fairly
enough made between the carpenter and the executor. Let us also
suppose that he has no lien on the house for the work that he has
done, or that he has lost his lien by reason of not having filed it in
time, as the law requires. Afterward he goes to the executor and
demands payment for the repairs that he has made. Let us suppose that
the estate is insolvent and cannot pay all of its debts in full. At
the time of making this contract neither party supposed this would
happen. But, unhappily, debts have come to light so large and numerous
that there is not property enough to pay all the creditors everything
that is due them. The executor says to the carpenter: 'There is not
property enough to pay all of the creditors and you, unfortunately,
must fare like all of the rest, and you cannot be paid a larger
percentage on your share than the others.' To the carpenter this would
be unwelcome news, and he would doubtless say to the executor: 'I made
this contract with you expecting that you would pay me, and if the
property of the estate is not sufficient you ought to pay me this. I
am a poor man and cannot afford to lose any of my hard-earned money.'
The executor might say to him: 'I am as poor as you and I cannot
afford to pay you out of my own pocket, and in law you cannot compel
me to do this.' And, in truth, the carpenter could not do this unless
the executor had made a contract in writing, agreeing in any event to
pay whether there was money enough belonging to the estate or not.
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