Legal Opinion

Dow v. Jewell

Superior Court of New Hampshire

Decided December 15, 1850Published

In Equity.. The bill was brought by Rufus Dow against Jonathan, Charles, George and John C. Jewell, Munroe G. J. Tuxbury,.Mary A. Webster, and her husband, William 33. Webster.

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In Equity.. The bill was brought by Rufus Dow against Jonathan, Charles, George and John C. Jewell, Munroe G. J. Tuxbury,.Mary A. Webster, and her husband, William 33. Webster. The bill.stated the following case: — Alfred Jewell, of South Hampton, on the 27th day of December, 1841, conveyed to the orator a piece of land situated in East Kingston, containing an acre and a half, by a deed containing the usual covenants with warranty, and which was duly acknowledged and recorded. Joseph Jewell, the father of Jacob, Jonathan, and Sally Jewell, many years ago, owned in fee-simple five acres of…

1Opinion of the CourtGilchrist, C. J.

It is the duty of a guardian ad litem, to ascertain from the infant and his friends, or from other proper sources of information, what are the legal and equitable rights *487of his ward. And it is the special duty of the guardian to bring those rights directly under the consideration of the court for decision. An infant’s answer is made by his guardian, and is generally confined to a mere submission of his rights and interests in the matters in question, to the care and protection of the court. It is said by Chancellor Kent, in Mills v. Dennis, 3 Johns. Ch. Rep. 368, that a decree cannot safely…

2Cases cited3 opinions

  1. Pritchard v. BrownSuperior Court of New Hampshire · 1828
  2. Roberts & Boyd v. AndersonNew York Court of Chancery · 1818
  3. Ela v. CardSuperior Court of New Hampshire · 1820

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