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Jan17
Trustee and Breach of Contract Part II

The following is not meant to be legal advice and may be outdated research.

 

When a trustee executes a contract, the only legal person recognized by the court of law is the trustee as an individual, and not in his representative capacity.  Bogert, Trusts (6th ed.) Section 125. 

In an action in law, a judgment may not be recovered against the trust company.  Id.  Thus, the mere use by the trustee of the name “trustee” at the end with his signature or any other name of office or employment, will not discharge him.  Taylor, 110 U.S. at 333.  This is so even though the names of the trust beneficiaries are known to the other party to the contract, unless it is agreed that he shall not be personally liable.  Restatement, Trusts (2d) Section 262, comment a.

 

A party may be personally liable for breach of contract in a court of law though he signed as trustee.  Because the person could not bind the trust, for whose benefit he acted, in order for the contract to have any validity, he had to be personally bound as a maker.  If the contract contains no clauses that provide that the person shall not be personally liable on contracts which he makes during the administration of trust property, or that all liabilities resulting from a breach of contract shall be satisfied out of trust property, the party is personally liable.

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