MARVIN MANDEL, Governor 135
CLAIM AS APPROVED BY COURT ORDER SHALL PROTECT AND
INDEMNIFY THE PERSONAL REPRESENTATIVE ACTING IN OBEDIENCE
TO IT. THE ORDER IS SUBJECT TO APPEAL.
(I) STATUTE OF FRAUDS.
NO ACTION SHALL BE BROUGHT TO CHARGE A PERSONAL
REPRESENTATIVE UPON ANY SPECIAL PROMISE TO ANSWER DAMAGES
OUT OF HIS OWN ESTATE, UNLESS THE CONTRACT OR AGREEMENT
UPON WHICH THE ACTION IS BROUGHT, OR SOME MEMORANDUM OR
NOTE OF IT, IS IN WRITING AND SIGNED BY THE PARTY TO BE
CHARGED, OR SOME OTHER PERSON LAWFULLY AUTHORIZED BY HIM.
REVISOR'S NOTE: This section presently appears as
Art. 93, §8-109. Catchlines are added to the
subsections. The material contained in
subsection (i) is transferred from Art. 21,
§2—104. This portion of the Statute of Frauds
more appropriately appears in this title
relating to claims made against an estate or
personal representative. The only other
changes are in style and language.
8-110. CLAIM NOT YET DUE.
(A) UNSECURED CLAIM.
UPON PROOF OF AN UNSECURED CLAIM WHICH WILL BECOME
DUE AT SOME FUTURE TIME, AND WHICH HAS NOT BEEN
COMPROMISED PURSUANT TO §7-401 OR AUTHORITY CONFERRED BY
THE WILL, THE COURT SHALL DIRECT THE INVESTMENT OF AN
AMOUNT WHICH WILL PROVIDE FOR THE PAYMENT OF THE CLAIM
WHEN IT BECOMES DUE.
(B) CREDITOR HOLDING SECURITY.
WHEN A CREDITOR HOLDS A SECURITY FOR AN ALLOWABLE
CLAIM DUE AT SOME FUTURE TIME HE MAY RELY ON HIS RIGHTS
UNDER §8-111 OR MAY FILE HIS CLAIM AS AN UNSECURED CLAIM
NOT YET DUE, WITH THE RIGHT OF WITHDRAWING THE CLAIM
PRIOR TO THE TAKING OF ACTION UPON IT, AND RELY ON HIS
RIGHTS AS PROVIDED IN §8-111 AFTER THE WITHDRAWAL.
REVISOR'S NOTE; This section presently appears as
Art. 93, §8-110. It is divided into two
subsections. The only other changes are in
style and language.
8-111. SECURED CLAIM.
(A) PAYMENT UPON SURRENDER.
PAYMENT OF A SECURED CLAIM SHALL BE UPON THE BASIS
OF THE FULL AMOUNT IF THE CREDITOR SHALL SURRENDER HIS
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