Kane v. Vanderburgh
New York Court of Chancery
THE bill, which was for an injunction to stay waste, stated, that Abraham Tenbroeck, being seised in fee of the premises, devised them in fee to his daughter, Margaret, who devised them to her sister, Elizabeth Schuyler, for life, remainder to her children living at her death, and in default of such children, remainder to the children of her brother, Dirclc Tenbroeck, in fee.
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THE bill, which was for an injunction to stay waste, stated, that Abraham Tenbroeck, being seised in fee of the premises, devised them in fee to his daughter, Margaret, who devised them to her sister, Elizabeth Schuyler, for life, remainder to her children living at her death, and in default of such children, remainder to the children of her brother, Dirclc Tenbroeck, in fee. After the death of the two testators, Elizabeth Schuyler, and her husband, released her interest to the plaintiff. Elizabeth is still living, but without issue ; and the defendants are tenants from year to year. The bill…
1Opinion of the Court
The Chancellor.
The waste is explicitly and sufficiently charged in the bill to support the injunction. Nor is it essential to this remedy that there should be an actual Us *12pendens in a court of law. There are numerous cases i» chancery, as Lord Hardwicke has frequently observed, (Perrot v. Perrot, 3 Atk. 94. Robinson v. Litton, 3 Atk. 210. Farrant v. Lovell, 3 Atk. 723. Garth v. Cotton, 1 Ves. 556.,) in which the court has interposed to stay waste, by the tenant, where no action can be maintained against him at law. Thus, where there is lessee for life, .remainder for life, remainder in fee;…
2Cited by7 opinions
- Buskirk v. KingCourt of Appeals for the Fourth Circuit · 1896
- Wadsworth v. GoreeSupreme Court of Alabama · 1892
- Seibert v. TrueSupreme Court of Kansas · 1871
- Sheridan v. McMullenOregon Supreme Court · 1882
- Duncombe v. FeltMichigan Supreme Court · 1890
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