Sibthorp v Moxton: 10 Nov 1747

A woman by will forgives a bond-debt to her son-in-law, and desires her executor to deliver up the bond to be cancelled ; this held not to be lapsed by his dying before the testatrix.

Citations:

[1747] EngR 193, (1747) 1 Ves Sen 49, (1747) 27 ER 883 (B)

Links:

Commonlii

Cited by:

CitedThe Commissioner of Stamp Duties v Bone and Others PC 5-Apr-1976
(Australia) A debt can only be released and extinguished by an agreement for valuable consideration or an instrument of release under seal. Where a testator or testratrix appoints a debtor as executor under a will any cause of action against the . .
Lists of cited by and citing cases may be incomplete.

Wills and Probate

Updated: 02 May 2022; Ref: scu.380209