Clark v. Clough
Supreme Court of New Hampshire
Bill in Equity, for an accounting, and for the discharge of certain mortgages, by Moses Fellows, since deceased, against Clough and Foster, as executors of Herman Foster, or as trustees under- his will, and certain other persons interested in his estate.
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Bill in Equity, for an accounting, and for the discharge of certain mortgages, by Moses Fellows, since deceased, against Clough and Foster, as executors of Herman Foster, or as trustees under- his will, and certain other persons interested in his estate. The defendants, Clough and Foster, having filed an answer, the cause was sent to a master, who reported as follows : Herman Foster died February 17, 1875. He left a will, in which John Foster and Lucien B. Clough were named as executors and trustees, — the will providing that the trustees and the survivor of them should hold what remained,…
1Opinion of the CourtBlodgett, J.
The inquiry presented in this case is as to the admissibility of Fellows’s deposition. This has been supposed by counsel to depend mainly upon the capacity in which the defendants Clough and Foster are to be considered as parties, namely, whether as executors or trustees. This question has been argued with very much acuteness and research; but in the view we have taken, it is one of no practical consequence.
The statute excluding a party as a witness when the adverse party is an executor or administrator applies to suits in equity as well as at law (Robinson v. Wheeler, 51 N. H. 384, 387),…
2Cases cited4 opinions
- Perkins v. FourniquetSupreme Court of the United States · 1853
- Poor v. RobinsonMassachusetts Supreme Judicial Court · 1813
- Ellsworth v. FoggSupreme Court of Vermont · 1862
- Everenden v. BeaumontMassachusetts Supreme Judicial Court · 1810
3Cited by4 opinions
- Parsons v. WentworthSupreme Court of New Hampshire · 1904
- Brown v. PeasleeSupreme Court of New Hampshire · 1898
- Munroe v. WilsonSupreme Court of New Hampshire · 1896
- Levensaler v. BatchelderSupreme Court of New Hampshire · 1929