Nathan Hickman and Elizabeth Emmett, Executors of Nathan Hickman, against Charlotte Walker
| Jurisdiction | England & Wales |
| Judgment Date | 26 November 1737 |
| Date | 26 November 1737 |
| Court | Court of Common Pleas |
English Reports Citation: 125 E.R. 1037
Common Pleas Division
M. 11 Geo. 2. Rol. 536.
As therefore a great majority of the Judges are of opinion that my brother Baron Fortescue has done right in rejecting this evidence, the verdict that has been given must stand." " Note The eight Judges, who were not for admitting this evidence, were myself, J. Page, J. Denton, B. Carter, J. Fortescue, B. Thompson, B. Fortescue, and J. Chapple. The four, who were for admitting it, were Ld. Ch. Just. Lee, Ch. Baron Reynolds, J. Probyn and J. Comyns." CATH. COSSENS, Administratrix of Thomas Howard against B. COSSENS. M. 11 G. 2. Tuesday, Nov. 22d, 1737. [M. 11 Geo. 2. Rol. 642.] Debt on bond given by the defendant on his marriage, with condition that he would permit his intended wife either during the marriage or by will to dispose of 501. out of his personal estate : plea, that defendant had not prevented his wife disposing of that sum : replication, setting forth a particular disposition of the money by the wife, and a request on defendant to pay, and a refusal by him : rejoinder, that defendant had not any personal estate out of which he could pay the 501.Held on demurrer that the rejoinder was ill. 1st, because it was a departure from the plea ; 2dly, because it would have been no defence if pleaded at first. "Debt on bond. The defendant prays oyer of the condition, which is that, in case a marriage between the defendant and Joan Maynard take effect, if the [26] said B. Cossens do and shall permit and suffer the said Joan his intended wife at her own free will and pleasure at any time within such intermarriage, or by her last will in writing attested by two credible witnesses, at her own proper election, to dispose and give the full sum of 501. out of the personal estate of the said B. Cossens, at such time or times and to such person or persons as the said Joan shall think fit to order and direct the payment of such sum, without any manner of contradiction or denial, then the obligation to be void ; and pleads, admitting the marriage, that from the time of the solemnization thereof, he the said B. Cossens had not contradicted or denied the said Joan his wife at her own free will and pleasure at any time either within her intermarriage or by her last will in writing attested by two credible witnesses at her own proper election to dispose and give the full sum of 501. out of the personal estate of the said B. Cossens at such time or times and to such person or persons as the said Joan shall think fit to order and direct the payment of such sum. The plaintiff in his replication sets forth a particular appointment by Joan the wife according to the condition of...
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William Farran, - Plaintiff in Error; John Claudius Beresford and Catherine Mary Ottiwell, - Defendants in Error
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