Login

Login

To access this feature, please Log In or Register for your Casebriefs Account.

Add to Library

Add

Search

Login
Register

Brokaw v. Fairchild

Citation. 237 N.Y.S. 6
Powered by
Law Students: Don’t know your Bloomberg Law login? Register here

Citation237 N.Y.S. 6
237 N.Y.S. 6

Brief Fact Summary.

Plaintiff brought an action for a declaration and judgment granting him the authority to build an apartment building, despite the objections of the remaindermen.

Synopsis of Rule of Law.

A life tenant cannot use his land in a manner that causes permanent injury to the inheritance.

Points of Law - Legal Principles in this Case for Law Students.

In Kidd v. Dennison the court said: So, if the tenant materially changes the nature and character of the buildings it is waste, although the value of the property should be enhanced by the alteration.

View Full Point of Law
Facts.

A testator passed away, leaving a life estate in the residence to four remaindermen. Plaintiff Brokaw who was the first remaindermen took possession that year. Plaintiff made plans to tear down the residence and construct an apartment building in its place, estimating it would make him a $30,000 profit instead of the annual loss he had sustained maintaining the residence. Plaintiff brought an action for a declaration and judgment granting him the authority to build an apartment building, despite the objections of the remaindermen.

Issue.

Whether a life tenant cannot use his land in a manner that causes permanent injury to the inheritance.

Held.

No.

Discussion.

In this case, the will the testator repeatedly referred to the property as his “residence,” but if plaintiff turns the residence into an apartment building, it would result in waste. Therefore, the residence would not be delivered to the remaindermen upon termination.


Create New Group

Casebriefs is concerned with your security, please complete the following