The original Statute of Frauds and those of nearly all of the states include promises made by an executor or administrator, to answer damages out of his own estate, among the contracts which must be in writing in order to be enforceable. If an executor or administrator had assets belonging to the estate of the deceased in his possession at the time the promise was made, he will be presumed to have made the promise with the intention of binding the estate, but if he had no such assets, he must be presumed to have intended to make a personal promise to pay, and such promise will be unenforceable if not in writing.19 This is true even although a lien against the decedent's estate or some other advantage is lost through reliance upon such promise.20

19 Pratt vs. Humphrey, 22 Conn., 317; Stebbins vs. Smith, 4

Pick, 97; Crews vs. Williams, 2 Bibb., 262.

This provision of the statute only covers promises to pay debts of the decedent; debts contracted in the course of the administration of the estate are the personal debts of the executor or administrator and he is liable therefor, although he will be given credit for all proper expenditures in the settlement of his accounts.21