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Decisions of the Superior Courts of New South Wales, 1788-1899

David Dundas Esq v. Elizabeth Driver, executrix of John Driver [1810] NSWKR 7; [1810] NSWSupC 7

promissory note - deceased estate

Court of Civil Jurisdiction
Bent J.A.., 20 August 1810
Source: Court of Civil Jurisdiction Proceedings, 1788-1814, State Records N.S.W, 5/1103-258. [1]

David Dundas Esquire  

By George Crossley his agent                }           Plaintiff

against

Elizabeth Driver, executrix         }           Defendant

of the last will & testament of

John Driver deceased

Action to recover the sum of £4518..17..4 due as the balance of a promissory note given by the deceased John Driver , to D Dundas on order_.

The Note of hand was as follows

                                               Sydney 24th Sept 1808

Six months after the date we promise to pay to D Dundas or order the sum of Seven thousand Eight Hundred and Forty seven pounds and five pence halfpenny sterling money for value received                                     

                                               John Driver                    Elizabeth Driver

It was admitted by various payments made in the

lifetime of deceased

that the original sum was reduced to ___________________________£5251_ 1_9

Interest on the sum of £5251_ 1_9

from the time the note became due   }_____________________________390_1_7

 

until the death of the deceased                                                          5641_3_4  

 

Deduct for payments since made

By the Executrix                            ____________________________   1122_6_0

 

                                                                                                          £4518 _17_4

 

It is admitted that John Driver died on the 28th February 1810 _. & that Probate of the will was duly granted to the defendant on the 7th day of March following_ By the will defendant Elizabeth Driver was appointed sole Executrix and sole Legatu of all the effects of deceased_.

The Note was proved by proof that the Executrix   in the lifetime and since the death of deceased having made various payments upon it_.

The defendant was then called upon _ a plea plane [?] administraint was put in but not being supported the Court give Judgement for the Plaintiff

Damages £4518_17_4

                                   (appeal entered)

Notes

[1] See also David Dundas Esq v Elizabeth Driver, executrix of John Driver , 20 August 1810, Case Papers, 5/2278.

Published by the Division of Law, Macquarie University