Reference
Z937/34/3
Title
Case notes querying whether John Field, gent of Hitchin, heir of Charles Nicholls and Thomas Field, both decd, can be compelled to pay 90 and interest set up in trust by Charles Nicholls for the late Thomas Day, infant, to Twydell Dear, husband and administrator of the late Sarah Dear formerly Day, Thomas' mother.
Recites agreement between Charles Nicholls, Twydell Dear and Sarah Day 1743 [see Z937/34/4].
- As Thomas Day the father died insolvent, it is not clear how the 90 arose. Believed it was intended as a voluntary gift from Nicholls, to whom the Days had been long tenants, but it doesn't seem to have been placed out at interest and no interest seems to have been paid.
- Thomas Day the infant died under 21 years and Sarah wife of Twidell Dear is also dead. Twidell Dear has taken out letters of administration.
- Charles Nicholls died intestate, seised of "a pretty considerable freehold and copyhold estate" and some personal estate, which descended to his heir Thomas Field.
- Thomas Field took out letters of administration on Nicholls and wasted the personal effects.
- Thomas Field died and the unspent real estate descended to his brother John Field.
- John Field took out letters of administration on Nicholls but found the effects wasted by Thomas.
- Twidell Dear has demanded 90 and interest from John Field.
Opinion of Sir Anthony Abdys of Lincoln's Inn, 12 July 1959:
The 90 is not any lien on the real estate of Nicholls, and as there is no personal estate left, Twidell Dear can't recover his money.
Nicholls certainly intended to give a beneficial interest to Thomas Day the infant but there is no covenant that can bind his real estate, so the estate in John Field's hand can't be affected.
Date free text
1755
Production date
From: 1759 To: 1759
Exent
1 page, No. of pieces: 1
Secretary Hand
Format
sheet of paper
Level of description
item