Hampson v Lady Sydenham
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1651 |
| Date | 01 January 1651 |
| Court | High Court of Chancery |
English Reports Citation: 21 E.R. 788
LORDS COMMISSIONERS
[55] hampson versus lady sydenham. Lords Commissioners, Anno 1651. The Plaintiff being Guardian to an Infant, lent Sir John Sydenham Money, who was likewise under Age ; and Sir John and others enter'd into a Bond for the Repayment of the Money : And afterwards he died under Age, the Money not being paid, having before his Death made his Will, and the Defendant his Lady Executrix; and by his said Will he appointed that his Executrix should out of his personal Estate pay all his Debts, and particularly those to which he had set his Hand, and left sufficient Assets to pay the same. The Executrix proved the Will, and possessed her self of the said personal Estate, and refusing to pay the Money due on this Bond, the Plaintiff exhibited his Bill to discover Assets, and to compel the Payment of the Money. The Defendant by her Answer confessed Assets, but pleaded the Nonage of her Husband when he enter'd into the Bond, and insisted that she for...
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