Wilds v. Wilds

Citations

• 8 Del. Ch. 368

Syllabus

<p>On application of the complainant, an aged woman, in the eighty-fifth year of her age, a commission was ordered to take her testimony de bene esse, as a witness in her own behalf.</p> <p>Rule 47 Providing for the issuing of commissions to take testimony de bene esse of witnesses who are aged, or infirm, etc., does not in terms apply to parties, nor is it amended so as to apply to them by the statute removing the incompetency of parties as witnesses, but it is within the inherent powers of the Court of Chancery to order a commission to take testimony of a party in such case.</p> <p>The promulgation of a general rule does not exhaust the inherent power of the Court to make a special order in a proper case, to which the rule does not apply.</p>