Sarles v. Sarles
New York Court of Chancery
The bill was filed by Elkanah Sarles, October 10, 1845, against Keziah Sarles, her son Samuel Sarles, and against the other heirs of Samuel Sarles the elder deceased, charging upon Mrs. Sarles as tenant for life, and on Samuel as her tenant, the commission of various acts of waste on a farm of about one hundred and sixty five acres, situated in the county of Westchester, of which the decedent died seised and possessed.
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The bill was filed by Elkanah Sarles, October 10, 1845, against Keziah Sarles, her son Samuel Sarles, and against the other heirs of Samuel Sarles the elder deceased, charging upon Mrs. Sarles as tenant for life, and on Samuel as her tenant, the commission of various acts of waste on a farm of about one hundred and sixty five acres, situated in the county of Westchester, of which the decedent died seised and possessed. It appeared from the pleadings and testimony, that the decedent by his last will and testament, devised to his wife Keziah S., “ the use of the homestead farm,” (which was the…
1Opinion of the Court
The Assistant Vice-Chancellor.
The alleged waste in this case, consists of cutting down and taking off timber and wood ; the permitting the premises to go to waste and ruin for want of necessary repairs ; and unhusbandlike tillage and management, by which the soil has been deprived of its proper renovation and greatly impoverished.
1. As to the timber and wood.
It will be sufficient for the purpose of the present inquiry, if the complainant have proved a single clear instance of waste on the part of the tenant for life, especially if it be shown to have been an intentional act, and not a mere…
2Cases cited1 opinion
- Livingston v. ReynoldsNew York Supreme Court · 1841
3Cited by3 opinions
- Miller v. ShieldsIndiana Supreme Court · 1876
- Mitchell v.Amador Canal & Mining Co.California Supreme Court · 1888
- Peirce v. BurroughsSupreme Court of New Hampshire · 1878