Johnson v. Johnson
Superior Court of New Hampshire
Case, in the nature of an action of waste, brought by the reversioner of one eighth part of certain premises described in his writ, against the tenant for life. It appeared that the premises formerly belonged to one John Johnson, deceased, who, by his will, gave to the defendant his personal property, and in addition made the following bequest : “I give and devise to my wife, Dolly Johnson, during her natural life, the use and income of all my real estate.”
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Case, in the nature of an action of waste, brought by the reversioner of one eighth part of certain premises described in his writ, against the tenant for life. It appeared that the premises formerly belonged to one John Johnson, deceased, who, by his will, gave to the defendant his personal property, and in addition made the following bequest : “I give and devise to my wife, Dolly Johnson, during her natural life, the use and income of all my real estate.” He also devised to the plaintiff one eighth- part of all his estate not disposed of which may be left after the decease of the defendant,…
1Opinion of the CourtGilchrist, J.
The words of the devise are: “ I give and devise to my wife, during her natural life,- the use and income of all my real estate,” and “I give and devise to my brother, Moses Johnson, one eighth part of all my estate not herein disposed of, which may be left after the decease of my wife,” &c.
The defendant is, therefore, tenant for life, and the plaintiff has the remainder, and is entitled to sue for waste committed upon the estate.
The tenant for life, committing waste, is liable in this form of action to the remainderman, unless she is, by the terms by which her estate has been created,…
2Cases cited2 opinions
- Chase v. HazeltonSuperior Court of New Hampshire · 1834
- Fuller v. WasonSuperior Court of New Hampshire · 1834