Sibthorp v Moxton; 10 Nov 1747

References: [1747] EngR 193, (1747) 1 Ves Sen 49, (1747) 27 ER 883 (B)
Links: Commonlii
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.
This case is cited by:

  • Cited – The Commissioner of Stamp Duties -v- Bone and Others PC ([1976] TR 117, [1976] 2 All ER 354, [1977] AC 511, Bailii, [1976] UKPC 11, [1976] 2 WLR 968, [1976] STC 145)
    (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 . .