72-36-101. Personal liability of trustee to third persons on contracts. (1) Unless otherwise provided in the contract or in chapter 35, a trustee is not personally liable on a contract properly entered into in the trustee's fiduciary capacity in the course of administration of the trust unless the trustee fails to reveal the trustee's representative capacity or identify the trust in the contract.
     (2) The personal liability of a trustee on a contract entered into before October 1, 1989, is governed by prior law and not by this section.

     History: En. Sec. 204, Ch. 685, L. 1989.