Vancleave v. Beam

Judge Underwood

delivered the Opinion of the Oourt.

Beam filed his bill in chancery, to set aside the will of his daughter Margaret, upon the ground that she was not of sound mind. A jury was empannelled, in pursuance of the statute, to try the issue formed. The jury found against the will, and the court decreed accordingly.

The decree must be reversed for want of proper and necessary parties. Yancleave, whose wife was the principal devisee, was the only defendant. The other devisees, although their legacies were inconsiderable in amount, had an equal right to:be heard in support of the will,…