Cairns v. Chabert
New York Court of Chancery
Bill against tenant for life to restrain the disposition of property and to keep down assessments and taxes. The tenant for life, Susannah Elizabeth Chabert, who was sole executrix an¿ jn receipt of the rents of the realty, had allowed the taxes t0 run arrear for two years. A motion was made for a temporary receiver to collect rents and pay the taxes.
1Opinion of the Court
The Vice-Chancellor :
The present motion is pressed on account of arrears of taxes. The tenant for life is bound to keep down ordinary charges for taxes and repairs out of the rents and income of the estate. The principle, perhaps, might not apply in relation to an assessment which goes to *313permanent benefit of the inheritance. In such a case, it is likely that some rule of apportionment would have to be resorted to. Here, the application is in regard to the payment of ordinary taxes. Let an order of reference to a master be entered, to appoint a receiver of so much of the rents and income of…
2Cited by28 opinions
- Defreese v. LakeMichigan Supreme Court · 1896
- Thomas v. . EvansNew York Court of Appeals · 1887
- Plympton v. Boston DispensaryMassachusetts Supreme Judicial Court · 1871
- Phelan v. BoylanWisconsin Supreme Court · 1870
- Cullen v. Minnesota Loan & Trust Co.Supreme Court of Minnesota · 1895
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