#### Sadie Hannan, Appellee, v. Frederick W. Dreckman, Appellant.

Gen. No. 18,307.

(Not to be reported in full.)

Abstract of the Decision.

1. Executobs and administbatobs, § 364 * —what constitutes an agreement by an administrator. Evidence held to support a find*147ing of an agreement by an administrator to pay an heir a certain sum of money on the sale of a mortgage.

*146Appeal from the Superior Court of Cook county; the Hon. William Fenimobe Coopeb, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1912.

Affirmed.

Opinion filed October 9, 1913.

Statement of the Case.

Action by Sadie Hannan against Frederick W. Dreckman on an agreement to pay a certain sum of money. From a judgment of one hundred and forty dollars for plaintiff, defendant appeals.

O’Donnell & O’Donnell, for appellant.

Arnold Tripp, for appellee.

*

See Illinois Notes Digest, Vols. XI to XIV, same topic and section number.

Mr. Justice Gridley

delivered the opinion of the court.

*1472. Frauds, statute of, § 21*—what is special promise to answer for debt of another. A verbal agreement of an administrator, on distribution of an estate, to sell a mortgage and pay a portion of the proceeds to certain heirs, held to be an original undertaking and not within the statute of frauds.