Fitzgibbon v. Barry

Citations

• 78 Va. 755
• 1884 Va. LEXIS 49

Syllabus

<p>1. Equitable Jurisdiction and Relief-Practice-Parties-General Rule.&emdash;All persons beneficially interested in the object of the suit must, as a general rule, be made parties, and this rule applies to suits for the appointment of new trustees.</p> <p>2. Idem-Idem-Idem-Exception.-But it is necessary in no case to make those persons parties who are entitled only to future and uncertain and contingent interests.</p> <p>3. Idem-Parties-Case at bar.-W, of weak mind and dissipated, but not non compos, conveyed to F property upon trust, to support grantor out of rents and profits until death or marriage; if married, living W to support himself and wife and their issue; if marriage dissolved by death of wife, or otherwise, to support himself and the issue of the marriage; if marriage dissolved by W’s death, living wife, to support wife- and the issue, during wife’s life ; if W survived wife, upon his death, or if he died before wife, upon her death to convey the property to such persons as W should appoint by will, and in default of appointment, to the issue of the marriage then living; if W should not marry, or having married, should die without issue living at his death, upon his death, or the death of his wife, should she survive him, to convey the property to such persons as W should appoint by will; and in default of appointment, to B and her heirs, &c. In suit to substitute new trustee in lieu of F, W was made a party, and answered both in person and by guardian ad litem, though his mind was better then than when conveyance was made.</p> <p>Held (Hinton and. Fauntleroy, J’s, dissenting):</p> <p>It was unnecessary to make B a party to the suit, her interest being future and very uncertain and contingent.</p>