[Not So Rich Uncle] Gabriel Is Attempting to Convince Rachel

question 59

Multiple Choice

[Not So Rich Uncle] Gabriel is attempting to convince Rachel to marry him. He promises her that if she will marry him, he will buy a new Mercedes automobile for her within six months of the marriage and take her on a world tour within a year of the marriage date. Rachel agrees, and they sign an agreement by which Gabriel agrees to provide the Mercedes and world tour. The agreement also included several clauses that discussed the distribution of other assets that may be acquired during the marriage in the event a dissolution of the marriage ever happened. Gabriel and Rachel marry on January 1. Unexpectedly, on March 1, Gabriel's supposedly rich uncle, Leo, dies. Leo has no living relatives other than Gabriel and has a will leaving everything to Gabriel who is also appointed executor. In attempting to settle the estate, Gabriel agrees orally to pay out of his own pocket debts of Leo totaling $10,000. Rachel is concerned about Gabriel's doing so. Gabriel tells her not to worry because he will get all the money back when the estate settles. Gabriel admits to a number of friends that he agreed to settle the debts out of his own pocket because he needed to obtain assets from the estate in a hurry and did not want anything to slow down probate. The assets were needed in large part to satisfy his obligations to Rachel. Surprisingly, it later came to light that prior to his death Leo had signed away all his assets to his girlfriend in Argentina. There was nothing left in the estate for Gabriel to inherit. Gabriel disavowed his agreement to pay the $10,000 to various creditors of Leo.
-What is the most likely result of Gabriel's attempt to avoid his agreement to pay creditors of the estate out of his own pocket?

• A) He will be able to avoid the agreement because it was not in writing.
• B) He will be able to avoid the agreement because a promise to pay the debts of an estate would not come within the statute of frauds.
• C) A promise to pay debts of an estate out of an executor's own funds would come within the statute of frauds, but the oral agreement Gabriel made will likely be enforceable under the substantial-purpose rule.
• D) A promise to pay debts of an estate out of an executor's own funds would come within the statute of frauds, but the oral agreement Gabriel made will likely be enforceable under the main-purpose rule.
• E) A promise to pay debts of an estate out of an executor's own funds would come within the statute of frauds; but regardless of whether the creditors can establish reliance, the oral agreement Gabriel made will likely be enforceable because he admitted he had agreed to pay.

---

Definitions:

Six And Seven Years

A developmental period in children characterized by significant cognitive, emotional, and social growth.

Gender

A social construct that encompasses a range of identities, expressions, roles, and expectations based on perceived sex differences.

Six And Seven Years

A developmental stage in children characterized by significant cognitive, emotional, and social growth.

Four And Five Years

A reference to the developmental stage of children between the ages of four and five years, often characterized by significant growth in language and social skills.