... this amount was made for two quarters, but on the third quarter payment, the stepmother refused to hold the arrangement (of deducing the debt from her rent) and she paid £200 generously until her death and she continued to do so the time of her death. * Nonetheless the release of debt was not legally effective since it was not given under seal and no consideration had moved from Strong Bird. * Bird was appointed as her sole executor and the step mother died. * The next of kin claimed that the defendant still owed the balance of her estate. * Held : Appointment of Bird as executor released the debt. Jessel MR : ". . . it appears to me that there being a continuing intention to give and there being a legal act which transferred the ownership or released the obligation - for it is the same thing - the transaction ...

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