Legal Opinion

Tucker v. Gordon

Superior Court of New Hampshire

Decided January 15, 1832PublishedCited by 4 opinions

Assumpsit for a legacy. The cause was tried'here, upon the general issue, at August term, 1881, and a verdict taken for the plain tiff’, subject to the opinion of the court upon the following case. Benoni Gordon, the defendant’s testator, made his will on the 25th May, 1817, and in December, 1823, died. The defendant caused the will to be duly proved and allowed in the probate court.

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Assumpsit for a legacy. The cause was tried'here, upon the general issue, at August term, 1881, and a verdict taken for the plain tiff’, subject to the opinion of the court upon the following case. Benoni Gordon, the defendant’s testator, made his will on the 25th May, 1817, and in December, 1823, died. The defendant caused the will to be duly proved and allowed in the probate court. Among other legacies, the testator gave to Ids daughter, Polly Tucker, then and since, the wife of the plaintiff, thirty-eight dollars, payable in two years after his decease, by his executor. On the 16tl:i…

1Opinion of the Court

By the court.

We shall first examine the question, whether the wife ought to have been joined in this suit.

In general, for all causes of action, which were complete in the wife, before’ the coverture, she must be joined in the suit. 1 Chitty’s Pl. 17 — 21 ; 2 Starkie's Ev, 685 ; 1 M. & S. 176, Ramsey v. George ; Bingham on Coverture, 246 ; 6 B. & C. 253, Checchi v. Powell ; 8 D. & E. 631.

But wherever she is the meritorious cause of an action, accruing during the coverture, she may be joined in the suit, or the husband rnay sue alone. 1 Chitty's Pl. 17 — 21 ; 5 Greenl. 417, Templeton v. Cram ;…

2Cases cited2 opinions

  1. Decker v. R. S. LivingstonNew York Supreme Court · 1818
  2. Schuyler v. HoyleNew York Court of Chancery · 1821

3Cited by4 opinions

  1. Parsons v. ParsonsSuperior Court of New Hampshire · 1838
  2. Crenshaw v. HardySupreme Court of Alabama · 1842
  3. Payne v. SmithSuperior Court of New Hampshire · 1841
  4. Wells v. TylerSuperior Court of New Hampshire · 1852

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