What is the law on personal liability for executors?

Saskatchewan, Canada


The following excerpt is from Security Lumber Company, Limited v. Ross, 1920 CanLII 310 (SKDC):

Turning now to the Canadian cases, in Campbell v. Bell (1869) 16 Gr. 115, at p. 116, Mowat, V.C. says: Executors are personally liable on the contracts they make in the execution of their duty, and the estate is not liable on them.

In Lovell v. Gibson, 19 Gr. 280, at p. 281, it is held that: The assets of a deceased person are not liable for the debts incurred by an executor or administrator in continuing the deceased’s trade.

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