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![handle is hein.slavery/ssactsengr0345 and id is 1 raw text is: GORDON V. EYRE
administration with the will annexed to Elizabeth le Quesne, as being a residuary
legatee.
GORDON against EYRE AND DEAN. Prerogative Court, Caveat Day, April 8th, 1756.
-An administration de bonis granted to a creditor after a citation served on the
Royal Exchange, against a son and another creditor who had taken out an
administration.
George Nicholas Eyre, Esq., died in 1713, a widower intestate; left Charles Chester
Eyre, his only child, a minor; in 1714 John Chamberlayne, his guardian, renounced
the administration on behalf of the minor, and it was granted to Alexander Dean, a
creditor; Daniel Hugh Gordon made oath that deceased died indebted to him 101. 1Os.
by note of hand, and 1001. by decree in Chancery, and that he had sought for the
said son, and Dean the administrator, for four years past, and had not been able to
find them, but was informed they were both dead; whereupon Gordon took out a
citation, which was served on the Royal Exchange against the son, and the said Dean,
to bring in an inventory if living, or if dead, against their representatives, to shew
cause why administration de bonis should not be granted to him; there being no
appearance, I decreed administration de bonis non to Gordon.
SIR EDWARD HAWKE contrc OMNES. Prerogative Court, Caveat Day, April 8th,
1756.-Administration to a creditor after a service on the Royal Exchange.
John Bladen, lieutenant of a man-of-war, died a bachelor intestate. Sir Edward
Hawke made [263] affidavit that he was a creditor to the deceased, that he had
enquired and could not hear of any relations the deceased had, and believed he had
none, and therefore prayed a decree to be hung on the Royal Exchange, contrh omnes,
to shew cause why administration should not be granted to him as a creditor; the
decree was duly served, and nobody appearing, I decreed administration to Sir Edward
Hawke, as being a creditor to deceased.
FITZGERALD against LADY MARY FITZGERALD. Arches Court, 1st Session, Trinity
Term, June 14th, 1756.-A contempt which had originated from the inability of
a husband to pay alimony and costs-suspended.
Lady Mary brought a suit in the Consistory of London against George Fitzgerald,
Esq., for a divorce; in the course of the cause he was in the Consistory and the Arches
(where it was removed upon his appeal upon a grievance, and retained by her consent),
condemned in the Consistory in 1001. for alimony, and 651. for costs, and in the Arches,
in 1201. costs, for which sums, they not being paid, he was excommunicated three
times, and was once signified ; the question was, whether he being in contempt and
excommunicated the admission of an allegation offered by him in his defence, and
which was signed by his counsel, could be debated at his petition I In order to purge
his contempt, he made an affidavit that he had not money to pay according to the
several orders of the Courts-that his contumacy was not voluntary but arose from
his poverty-that he would com-[264]-ply with all the orders of the Court as soon as
he was able, set forth what money he had received and how it was expended, and
swore that he had but 1201. which was the sum last taxed, and offered to pay that
sum to Lady Mary, or her proctor, with the contumacy fees thereto. She made an
affidavit that she had nothing but what her friends gave her, and insisted that he
could not be heard till he had purged all his contempt and was absolved, but did not
deny the facts in his affidavit, and she prayed the cause to be concluded.
Judgment-Sir George Lee. I was of opinion, that as his contempts did appear from
his affidavit to arise from inability to pay the money, the effect of those decrees against
him ought to be suspended till he was able to obey them; and as he was ready with
an allegation, which his counsel had signed, it would be unjust to hear this cause
ex parte, and deprive him of a possibility of making his defence, and therefore directed
Mr. Gosting, his proctor, to pay or make a tender to Mr. Farrer, her proctor, of 1201.
with the contumacy fees thereon, as he had offered in acts of Court, and assigned to
hear on the admission of Mr. Fitzgerald's allegation the next court.
GOODALL against GOODALL. Arches Court, Trinity Term, June 14th, 1756.-An
affidavit not allowed to be read in contradiction to an allegation of faculties.
Mr. Goodall brought a suit against his wife for adultery; the libel was admitted
and witnesses examined. She gave in an allegation of faculties, in which she admitted
335
2 LEE, 263.](ViewImageLocal?handle=hein.slavery/ssactsengr0345&div=1&collection=&method=preview&ext=.png&size=3)