Question
Mary is the representative, or executor, of her uncle's estate. Her uncle, had owned a large farm, and had received $100,000 of farm equipment on
Mary is the representative, or executor, of her uncle's estate. Her uncle, had owned a large farm, and had received $100,000 of farm equipment on credit before he passed from a local farm equipment wholesaler. The wholesaler called Mary and told her he was sorry about her uncle, but that he needed the estate to pay for all of the deceased uncle's farm equipment debt, or to return the equipment to the company. Mary explained that the equipment had been sold to pay for taxes, but assures the wholesaler over the telephone that she will personally be liable on the $100,000 if the estate cannot afford to pay for her uncle's debt to the farm equipment wholesaler. A month passes, and the wholesaler sues Mary personally for the $100,000. What is the probable outcome of the lawsuit?
A. Mary loses because an executor's oral promise to pay a debt for the decedent's estate is binding without a writing
B. Mary will win because even though the oral promise is binding, the equipment was sold
C. Mary will win because under the statute of frauds, Mary's promise to pay the wholesaler had to be in writing to be enforceable
D. None of the above
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