Ratcliffe v Winch
| Jurisdiction | England & Wales |
| Judgment Date | 11 June 1853 |
| Date | 11 June 1853 |
| Court | High Court of Chancery |
English Reports Citation: 51 E.R. 1016
ROLLS COURT
S. C. 16 Beav. 576. See In re Brogden, 1888, 38 Ch. D. 558.
[217] ratcliffe v. winch. May 28, June 11, 1853. [S. C. 16 Beav. 576. See In re Brorjden, 1888, 38 Ch. D. 558.J About a year after a testator's death the executrix brought an action against a debtor and recovered judgment, but she did not issue execution until a year after, when a bankruptcy ensued and the debt was lost. The executrix was empowered "to compound or allow time for the payment of any debt." Held (under the particular circumstances), that she was not liable for a de.vastarit. The testator gave all his real and personal estate to his daughters Mary Eatcliffe 17BEAV.JM. BATCLIFFE V. WINCH 1Q17 and Amy Winch, in trust by and out of the proceeds to pay, amongst others, a legacy of £50 to his son John, and divide the residue as therein mentioned. The testator, after stating that he had lent his son [218] "Frederick Winch several sums, which, except £600 he had forgiven, proceeded to direct that the trustees and executors should allow Frederick Winch the period of six years to pay the same, without interest^ provided he should liquidate such debt by instalments of not less than £50 in each of the first five years of such period of six years, the first instalment to be paid at the expiration of twelve calendar months from the day of the testator's decease." The testator appointed Mary Ratcliffe and Amy Winch his executrixes, and empowered them, notwithstanding anything therein contained to the contrary, to compound or allow time for the payment of any debt due to his estate, and to settle all accounts between him and any persons, on such terms as they, in their discretion, should think expedient, and to refer all matters in difference to arbitration. The testator died on the 7th of January 1850, and Amy Winch alone proved his will, the other executrix having renounced. Frederick Winch had given a promissory note to the testator, dated 1st January 1846, and towards the end of 1850 the solicitors of Miss Winch applied to him to renew it, which he refused to do, alleging that nothing was due to the testator's estate from him, but a large balance to him. On the 3d of January 1851 the executrix brought her action against him, which being undefended, she recovered judgment in February 1851. On the 7th of January 1851 the first instalment of the £600 became due, and application for payment was made to Frederick...
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