Second Congregational Society v. First Congregational Society
Superior Court of New Hampshire
In Equity. The bill in this case, in which one Thomas Bailey was the other defendant, stated that Amos Bailey, yeoman, late of Hopkinton, died December 18th, 1834, leaving a will dated December 5th, 1831, which contained, among other things, the following clauses : “ Eighthly.
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In Equity. The bill in this case, in which one Thomas Bailey was the other defendant, stated that Amos Bailey, yeoman, late of Hopkinton, died December 18th, 1834, leaving a will dated December 5th, 1831, which contained, among other things, the following clauses : “ Eighthly. After all my just debts are paid, I give, bequeath and devise one half of the remainder of all my property to the First Congregational Society in Hopkinton, to which I belong, to be kept in bank forever, and the interest to be laid out for the support of the gospel of Jesus Christ. “ Ninthly. I give, bequeath and devise…
1Opinion of the CourtParker, C. J.
We are of opinion that the deposition of Thomas Bailey must be suppressed. He is a party to the suit, and cannot be examined except upon leave granted by the court, or by a judge in vacation, for that purpose. If it appears that a party has no interest in the subject matter respecting which his testimony is required, leave is granted, as of course, subject to farther exceptions. The rule, and the reason of it, are thus stated in Gresley’s Equity Evidence 338 : “ As a suit in equity often contains many issues, and the general rule compels all who are interested in any way to be made parties,…
2Cited by2 opinions
- Adams Female Academy v. AdamsSupreme Court of New Hampshire · 1889
- Foster v. LaneSuperior Court of New Hampshire · 1855