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Woodman v. Rowe
December 1, 1879 - Opinion
GRAFTON.
Woodman v. Rowe.
In a suit brought by an infant, not by his guardian or next friend, when the plaintiff has become of age since the commencement of the suit, no amendment, and no appearance of a guardian or next friend, are necessary to obviate the objection that the suit was improperly brought.
All the persons interested in a decedent’s estate, fairly settling it without administration, are hound by their settlement.
In Equity. The plaintiff has become of age since the.suit was brought; and it was not brought by her guradian or next friend. The plaintiff is the daughter, and the defendant is the widow, of J. A. H., who owed but one debt. That debt haying been paid by his father, the plaintiff and defendant were the only persons inter: ested in the estate, which was settled without administration by the plaintiff’s guardian and the defendant; and the bill is based, on their settlement. The defendant demurred.
Burrows 8f Jewell, for the defendant.
Burleigh Adams, for the plaintiff.
Doe, C. J.
The plaintiff’s guardian or next friend could be made a party by an amendment relating back to the commencement of the suit. But the plaintiff being now of age, an amendment is not necessary.
The parties are bound by their settlement of the estate without administration. Hibbard v. Kent, 15 N. H. 516; Clarke v. Clay, 31 N. H. 393; Ceorge v. Johnson, 45 N. H. 456; Mercer v. Pike, 58 N. H. 286.
Bemurrer overruled.
Allen, J., did not sit: the others concurred.
Case records
Open case page| Date | Record Text | Type | Party | |
|---|---|---|---|---|
| December 1, 1879 | Woodman v. Rowe Current page | Opinion | Supreme Court | Reporter |