Bowen v. Idley
New York Court of Chancery
This was an appeal from an order of the vice chancellor of the first circuit. The bill was filed by George Bowen, in behalf of himself and wife, and as the next friend of Mary Ann Idley an infant, to set aside a will made by the father of the infant, and to establish a previous will which the complainants alleged had been fraudulently destroyed.
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This was an appeal from an order of the vice chancellor of the first circuit. The bill was filed by George Bowen, in behalf of himself and wife, and as the next friend of Mary Ann Idley an infant, to set aside a will made by the father of the infant, and to establish a previous will which the complainants alleged had been fraudulently destroyed. The cause was heard before the vice chancellor upon pleadings and' proofs; and the defendant, among other objections, insisted that the infant complainant was interested in sustaining the last will, and should not have been joined with Bowen and his…
1Opinion of the Court
The Chancellor.
I do not see any thing in the conduct of Bowen, in instituting this suit in the name of the infant as one of the complainants, which ought to preclude him from having the amendment asked for in this case, if it was proper in other respects; although at the time of filing the bill, he was aware of the fact that his wife was *49not an heir at law of the testator. He does not allege in his bill that she was an heir, but only mentions her incidentally, as a child of the testator; which was true in point of fact. The object of the bill was not to claim any thing in favor of either of…
2Cited by14 opinions
- Newman v. WatermanWisconsin Supreme Court · 1885
- Everitt v. EverittNew York Supreme Court · 1864
- Scoville v. BrockSupreme Court of Vermont · 1907
- Greene v. HarrisSupreme Court of Rhode Island · 1877
- Collyer v. CollyerNew York Surrogate's Court · 1886
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