Publisher's Synopsis
Excerpt from Cases on Equity Jurisdiction
To this bill the defendants Admiral Berkeley and his son put in a de murrer, stating that the plaintiffs have not by their bill made a case touentitle them to have their witnesses examined, and their testimony perpetuated against the defendants that it appears by the bill that the two other defendants are the natural and lawful sons, born in lawful wedlock, and that they are tenants in tail male and the limitations to Admiral Berkeley and his first and other sons in tail male are posterior to the estates in tail male given to the other defendants, and therefore these defendants are not necessary parties to the bill, nor ought to have been made defendants; and the putting them to answer the bill and to be parties to the examination of the witnesses tends to create expense upon the part of the defendants.
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