A Treatise On the Law of Executors And Administrators

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Black, 9 Paige, 641 ; Copeland v. Stephens, i B. & A. 593. As to declaring against executor or administrator as the as- signee, see Taylor Landl. & Ten. § 461 ; Wms. Exrs. 1756. After entry the rep- resentative is charged for a breach either in his representative character or as as- signee, lb. The representative's per- sonal liability for rent shall not exceed the value of the demised premises ; though it is otherwise with respect of suing him as assignee on a covenant to repair, i Bing. N. C.... 89 ; Taylor Landl. & Ten. §461; Sleake v. Newman, 12 C. B. N. S. 116. The rules and forms of pleading in such actions were quite technical and formal. Modern statute provisions are found relating to this subject. Thus, in English practice, an executor may sell the leaseholds and assign them to the purchaser, and after- wards, of his own authority, distribute the assets without making provisions for future breach of covenant in the lease, and without being subject to any further liability. Dobson v.

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