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If an Heir be an Idiot, of what Age soever, any Man make the Tender for him, in respect of the absolute* 1.1 disability; and the Law in this Case is grounded on Charity: And so in like Cases.
But note, It is otherwise in the Case of an Infant; for it has been adjudged, Trin. 27 El. That where one* 1.2 tendred Money upon a Mortgage for an Infant▪ who was not Guardian, nor was to have any Interest in the Land, that it was adjudged a void Tender. Vide Co. Litt. f. 206. b.
Coke in his Comment on Lit∣tleton, § 334. f. 206. b.
Cro. El. f. 134. Watkins v. Ashwick.