Question
Ted Mullens is attempting to convince Alexis Rose to marry him. He promises her that if she will marry him, he will buy a new
Ted Mullens is attempting to convince Alexis Rose to marry him. He promises her that if she will marry him, he will buy a new diamond tennis bracelet within three (3) months of the marriage and take her on a luxury European River Cruise on their first anniversary. Alexis Rose agrees, and they sign an agreement by which Ted Mullens agrees to provide the tennis bracelet and Rover Cruise tour. The agreement also included several clauses that discussed the distribution of other assets that may be acquired during the marriage in the event that the divorce. Ted Mullens and Alexis Rose marry on January 1.
Unexpectedly, on March 1, Ted Mullens' supposedly rich uncle, Roland, dies. Roland has no living relatives other than Ted Mullens and has a will leaving everything to Ted Mullens who is also appointed executor. In attempting to settle the estate, Ted Mullens agrees orally to pay out of his own pocket debts of Roland totaling $20,000. Alexis Rose is concerned about Ted Mullens agreeing to pay the estate's debts. Ted Mullens tells her not to worry because he will inherit the money back when the estate is resolved. Ted Mullens admits to a number of his friends that he agreed to settle the debts out of his own pocket because he needed to obtain assets from the estate quickly in order to satisfy his contract with Alexis Rose and did not want anything to slow down probate. Surprisingly, it was revealed that prior to his death Roland signed away all his assets to his girlfriend in Schitt's Creek. There was nothing left in the estate for Ted Mullens to inherit. Ted Mullens disavowed his agreement to pay the $20,000 to various creditors of Roland.
What is the most likely result of Ted Mullens's attempt to avoid his agreement to pay creditors of the estate out of his own pocket?
a. | He will be able to avoid the agreement because a promise to pay the debts of an estate would not come within the statute of frauds. | |
b. | A promise to pay debts of an estate out of an executor's own funds would come within the statute of frauds, but the oral agreement Ted Mullens made will likely be enforceable under the substantial-purpose rule. | |
c. | A promise to pay debts of an estate out of an executor's own funds would come within the statute of frauds; but regardless of whether the creditors can establish reliance, the oral agreement Ted Mullens made will likely be enforceable because he admitted he had agreed to pay. | |
d. | He will be able to avoid the agreement because it was not in writing. | |
e. | A promise to pay debts of an estate out of an executor's own funds would come within the statute of frauds, but the oral agreement Ted Mullens made will likely be enforceable under the main-purpose rule. |
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