Modlin v. Kennedy

This was a complaint in chancery by the

appellants against the appellees, to restrain the commission of waste.

William H. Kennedy was the owner in fee of certain real estate. He died testate, leaving a widow, Jane Kennedy, one of the defendants, and ten children, surviving him. The widow claimed that by the will she was owner in fee of the land, and had sold to her co-deféndants, and they were cutting and removing, and intending to cut and remove, valuable timber trees from the land, manufacturing them into staves and selling the same. The female plaintiff is one of the daughters of the…