§ 9-2-9. Restricted liability on instrument signed as fiduciary.
Where an instrument contains, or a person adds to his or her signature, words indicating that he or she contracts or signs in his or her representative capacity as trustee, executor, administrator, guardian, or conservator, he or she shall not be personally liable on the instrument, if he or she was duly authorized to make the instrument in his or her representative capacity; should an action on the instrument be brought against the trustee, executor, administrator, guardian, or conservator in his or her representative capacity, or against his or her successor, an execution on any judgment obtained against him or her shall run only against the goods, chattels, and real estate of the estate in the hands and possession of the trustee, executor, administrator, guardian, or conservator, or his or her successor, and not against his or her own property and estate; provided, that upon a suggestion of waste as provided in § 33-9-28, a civil action may be brought against him or her personally in the manner provided in § 33-9-28, and the procedure shall be in conformity with § 33-9-28 and applicable procedural rules.
History of Section.G.L., ch. 208, § 24, as enacted by C.P.A. 1905, § 1147; G.L. 1909, ch. 259, § 24; G.L. 1923, ch. 303, § 24; G.L. 1938, ch. 529, § 1; G.L. 1956, § 9-2-9; P.L. 1965, ch. 55, § 8; P.L. 1997, ch. 326, § 15.
Structure Rhode Island General Laws
Title 9 - Courts and Civil Procedure – Procedure Generally
Section 9-2-2. - Joinder of defendants in action on contract or instrument.
Section 9-2-3, 9-2-4. - Repealed.
Section 9-2-5. - Proceedings unimpaired by changes in parties.
Section 9-2-6. - Liability of representatives of deceased joint contractor.
Section 9-2-7. - Effect of judgment against part of joint contractors.
Section 9-2-8. - Assignee of nonnegotiable chose in action.
Section 9-2-9. - Restricted liability on instrument signed as fiduciary.
Section 9-2-10. - Association defined.
Section 9-2-11. - Actions by trustee for unincorporated associations.
Section 9-2-12. - Actions against unincorporated associations.
Section 9-2-13. - Death or incapacity of member or representative of association.
Section 9-2-14. - Judgment and execution against association.
Section 9-2-15. - Actions against members prohibited pending action against association.
Section 9-2-16. - Joinder of husband and wife as plaintiffs.
Section 9-2-18. - Acceleration of actions when party 65 or older.
Section 9-2-18.1. - Acceleration of action for enforcement of mechanics’ lien.
Section 9-2-19. - Malpractice actions.
Section 9-2-20. - Acceleration of actions involving $100,000 or more.