Bradwell v. Weeks
New York Court of Chancery
PETITION of the three infant plaintiffs, with their names subscribed by A. Burr, their solicitor and counsel, stating, that on the 31st of May, 1814, they exhibited their bill, claiming the whole personal estate of John Bradwell, their deceased uncle; that, “ by the decree of this court, one third of the personal estate was directed to be paid to certain persons who were of kin to the deceased, but subjects of Great Britain, and resident in Englandthat they deem the decree…
Read the full summary
PETITION of the three infant plaintiffs, with their names subscribed by A. Burr, their solicitor and counsel, stating, that on the 31st of May, 1814, they exhibited their bill, claiming the whole personal estate of John Bradwell, their deceased uncle; that, “ by the decree of this court, one third of the personal estate was directed to be paid to certain persons who were of kin to the deceased, but subjects of Great Britain, and resident in Englandthat they deem the decree to be erroneous, and wish to enter their appeal; but that, by the rules of this court, they are required first to deposit…
1Opinion of the Court
The Chancellor.
The objections to the motion appear to be. well taken.
*326(1.) The plaintiffs, being infants, cannot act by solicitor in this instance more than in the other proceedings in the suit, The suit was commenced and conducted for them by their guardian and next friend, and no reason appears why the guardian is dropped in this application. It is against the course and order of the court, and not conducive to the security of the rights of the parties. The infants should act under the advice and discretion of their, guardian or next friend, and the opposite party has, in such case, a…
2Cited by8 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- State ex rel. South Missouri Pine Lumber Co. v. DearingSupreme Court of Missouri · 1904
- Riddle v. HannaSupreme Court of Alabama · 1854
- Messonier v. KaumanNew York Court of Chancery · 1817
- Riggs v. MurrayNew York Court of Chancery · 1817
3 more not listed; retrieve them via the Exa API.