RUSSELL, Judge.
1. Code § 20-401 provides in part: "To make the following obligations binding on the promisor, the promise must be in writing, signed by the party to be charged therewith, or some person by him lawfully authorized, viz: 1. A promise by an executor, administrator, guardian or trustee to answer damages out of his own estate." In Smolka v. Chandler & Son. 41 Del. 255 (20 A.2d 131, 134 ALR 629), the court dealing with the question of whether...
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