Bradley ex rel. Kellogg v. Emerson
Supreme Court of Vermont
This was' a bill in chancery, stating that the defendants were' trustees, by the deed of the oratrix by her made while sole,-of certain demands and property which they were'to hold and invest, and' pay the interest thereof annually to her during life, and on her de-' cease to pay the interest of one half to her husband, should she leave one, during his life, and the interest of the other half to her children, should she leave any,-during their minority, and the prin-' cipal…
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This was' a bill in chancery, stating that the defendants were' trustees, by the deed of the oratrix by her made while sole,-of certain demands and property which they were'to hold and invest, and' pay the interest thereof annually to her during life, and on her de-' cease to pay the interest of one half to her husband, should she leave one, during his life, and the interest of the other half to her children, should she leave any,-during their minority, and the prin-' cipal to be divided among said children,- or if no children, between' bertairi collaterals' named, and reserving to herself…
1Opinion of the Court
The opinion of the court was delivered by
Collamer, Chancellor.
— It is a general rule, that all who have a present vested interest in the subject matter of the bill, all who are interested in the event of the suit, must be made parties to the bill. A married woman cannot bring a bill alone, or by any person but her husband, as her next friend, unless where he has become dviliter mortuus, or where she claims adverse to him, and he is, or should be,- a defendant. This is fully sustained, by the authorities-*371«¡ted by both parties, and as collected by Edwards on Parties to .Bills, 145.
There is one…
2Cited by2 opinions
- Kendall v. Missisquoi & Clyde River R. R.Supreme Court of Vermont · 1882
- Portage County Mutual Fire Insurance v. WestOhio Supreme Court · 1856