Washburn v. Sproat
Massachusetts Supreme Judicial Court
LeonapvD Sproat, the respondent’s intestate (whose estate was deeply insolvent), in his lifetime erected a dwelling-house and a joiner’s shop on certain land, the fee of which was then, and at the time of his decease, in his wife. On the final settlement of the respondent’s administration account in the probate office, the appellants, being creditors to the estate of the intestate, insisted that he should be held to account for the value of those buildings.
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LeonapvD Sproat, the respondent’s intestate (whose estate was deeply insolvent), in his lifetime erected a dwelling-house and a joiner’s shop on certain land, the fee of which was then, and at the time of his decease, in his wife. On the final settlement of the respondent’s administration account in the probate office, the appellants, being creditors to the estate of the intestate, insisted that he should be held to account for the value of those buildings. The judge of probate, being of opinion that the said buildings were not liable to the debts of the deceased, decreed accordingly; and the…
1Per curiam
The administrator cannot be held to account for the value of buildings erected upon land belonging to the wife of his intestate. There could be no contract with the wife during her coverture, which would entitle the administrator to enter upon the land, and take the buildings. In the case of a lease, the tenant may remove buildings, erected on the demised premises in such a manner that they may be removed without injury to the soil. But if one erect buildings upon the land of another voluntarily, and without any contract, he may not remove them.
Decree affirmed
2Cited by20 opinions
- Graham v. Connersville & New Castle Junction RailroadIndiana Supreme Court · 1871
- Poor v. OakmanMassachusetts Supreme Judicial Court · 1870
- Ward v. IvesSupreme Court of Connecticut · 1916
- Corning v. FowlerSupreme Court of Iowa · 1868
- Webster v. PotterMassachusetts Supreme Judicial Court · 1870
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