Page v. Whidden
Supreme Court of New Hampshire
Bill in Equity. The plaintiff Page was administrator of the estate of John G. Berry, deceased, and the other plaintiffs were heirs of Berry.
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Bill in Equity. The plaintiff Page was administrator of the estate of John G. Berry, deceased, and the other plaintiffs were heirs of Berry. The defendant Elizabeth A. Whidden was widow and executrix of the will of Joseph W. Whidden, deceased, and the other defendants were children and heirs of Joseph W. William Berry, of Newington, died in 1867, leaving' land and personal estate, and a will, in which, after certain bequests and an annuity to his wife, he gave the residue of his estate to Joseph W. Whidden, his executor, upon condition that he pay the debts, funeral charges, and the annuity,…
1Opinion of the CourtAllen, J.
It is a general rule in equity, that all who are interested in the subject-matter of the cause should be made parties to prevent multiplicity of suits. Bell v. Woodward, 48 N. H. 437, 446; Brown v. Simons, 45 N. H. 211; Chase v. Searles, 45 N. H. 511; Eastman v. Bank, 58 N. H. 421. Nor is it any objection that separate decrees may be necessary to settle the rights of the different parties, provided they all have a common centre of interest. Abbot v. Johnson, 32 N. H. 9, 31. And if the court has jurisdiction of any substantial or essential part of the complaint, the bill may be sustained.…
2Cases cited4 opinions
- Eastman v. Savings BankSupreme Court of New Hampshire · 1878
- Stewart v. HarrimanSupreme Court of New Hampshire · 1875
- Day v. DaySupreme Court of New Hampshire · 1876
- Webster v. WebsterSupreme Court of New Hampshire · 1878
3Cited by10 opinions
- Smith v. Bank of New EnglandSupreme Court of New Hampshire · 1897
- Parsons v. WentworthSupreme Court of New Hampshire · 1904
- Stevens v. MoultonSupreme Court of New Hampshire · 1894
- Cummings v. FarnhamSupreme Court of New Hampshire · 1908
- W. A. Emerson's Sons, Inc. v. CloutmanSupreme Court of New Hampshire · 1936
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