Reference
HE322
Title
Case for counsel's opinion. 'Howard's case'.
Date free text
1701
Production date
From: 1662 To: 1701
Scope and Content
Reciting: William Field, 1622, devised to daughter Mary and her heirs on condition that she paid £450 to his other daughter Sarah; died leaving 3 daugters - Mary, wife of James Hanscombe, Sarah wife of [ ] Howard, & Margaret wife of [ ] Hamond --- admission of James Hanscombe; payment of the £450, and mortgage. (HE 201). 22 September 1700 William the son died without issue, and the
father died in April 1701. The wives of Howard and Hamond died leaving each a son, both living, heirs to William deceased on the mother's side. 'A.H.' the uncle and heir on the father's side to William claims the premises. Q. Are the heirs to the mother's side or the uncle entitled to the estate? A. Equity of redemption belongs to heir on mother's side. Q. Could William as heir to mother surrender before admission. A. yes. At the death of William part of the lands were sown by James Hanscombe, the father, now deceased, who also cut down timber not yet disposed of. A.H. claims the corn, grass and timber as administrator of goods of James Hanscombe deceased. A. The heir, not the adminor. is entitled to it. Q. Can the heir compel the adminor of James to pay the mortgage?
A. Depends who had the money ie. if either William or James was only acting as security, or whether they shared the money.
Reference
Level of description
item