Carroll v. Roosevelt
New York Court of Chancery
Demurrer to the bill on the ground of multifariousness. The bill was filed by the complainant Barbara Julian Carroll, one of the children of Matthew Carroll, heretofore of the city of New York, deceased. It set forth his will, whereby he gave and devised the residue of his real and personal estate to his executors, in trust to sell and invest.
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Demurrer to the bill on the ground of multifariousness. The bill was filed by the complainant Barbara Julian Carroll, one of the children of Matthew Carroll, heretofore of the city of New York, deceased. It set forth his will, whereby he gave and devised the residue of his real and personal estate to his executors, in trust to sell and invest. And directed his executors to make a suitable provision for the maintenance and education of his children until they should severally arrive at the age of twenty-one years; and when the eldest, who should be then living, should arrive at the age of…
1Opinion of the Court
The Vice-Chancellor :
So far as the bill seeks to overthrow the mortgages to Roosevelt and Faber and Merle and the title in the defendant Sand, (under the latter,) on the ground of the invalidity of the mortgagor’s title under the conveyance from his mother to him, the objection of misjoinder or multifariousness has no foundation. Although the interests of these mortgagees are distinct, yet they are equally concerned to support the title of their common mortgagor and it is proper to have them joined or to unite them as defendants in the same bill which has for its object the overthrow of that…
2Cited by2 opinions
- Wade v. PulsiferSupreme Court of Vermont · 1881
- DeWolf v. A. & W. Sprague Manufacturing Co.Supreme Court of Connecticut · 1881