Aylesworth v. Crocker
Supreme Court of Rhode Island
Bill , in Equity for partition of real estate, with prayers for other relief, the nature of which is stated in the opinion. Heard on bill and on demurrers of the respective respondents on grounds which are also stated in the opinion. Demurrers sustained on ground of multifariousness and improper parties to bill.
1Opinion of the CourtStiness, J.
Several objections to this bill for partition are raised on demurrer. One objection is that the bill is multifarious.
Its primary, object is a division of real estate held by most of the parties as devisees under the will of Eli Aylesworth, and in aid of this object it seeks to free the land from the liability of a charge under a bond of the testator to pay Susan H. Seamans seventy-five dollars a month during her natural life by making her and the executors of the will parties to this bill, and asking the court to award a gross sum or to assign real estate to her in discharge of said bond, or…
2Cited by1 opinion
- Duffy v. MacIagSupreme Court of Rhode Island · 1981