Robinson v. Kettletas
New York Court of Chancery
Demurrer to the bill. John Gardner, by his will, after making certain bequests, devised his real estate to James Gardner, John Hyer and John Miller, trustees, upon trust, during the lives of his son and daughters, out of the rents, to uphold, support, amend and repair such real estate and pay all taxes. There were other trusts in favor of the children and their issue, coupled with power to the trustees to receive the rents.
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Demurrer to the bill. John Gardner, by his will, after making certain bequests, devised his real estate to James Gardner, John Hyer and John Miller, trustees, upon trust, during the lives of his son and daughters, out of the rents, to uphold, support, amend and repair such real estate and pay all taxes. There were other trusts in favor of the children and their issue, coupled with power to the trustees to receive the rents. After the testator’s decease and on the tenth day of September one thousand eight hundred and eighteen, James Gardner and John Hyer, acting trustees, made a lease of part…
1Opinion of the Court
The Vice-Chancellor :
This bill is filed for a twofold obj=ct: an extension of the lease for three years, accor*69ding to the covenant in the original lease ; and, for payment of the value of the house built on the lot.
With respect to the first: I am inclined to think that the covenant is not such as this court could undertake to see specifically performed, because the rent for the renewed or additional term of three years was not fixed, but left open to be agreed upon between the parties or to be determined by arbitration : see the cases on this subject referred to by the Assistant…
2Cited by2 opinions
- Bamman v. BinzenNew York Supreme Court · 1892
- Baurman v. BinzenNew York Supreme Court · 1891