Whitney v. Kendall
Supreme Court of New Hampshire
Petition for partition. The plaintiff claims title to one undivided half of the premises, by virtue of a deed from the defendant to her, which contains a condition as follows : “ The condition of this deed is that the said grantee, during the lifetime of the said grantor, shall not sell, lease or otherwise alienate or dispose of the above described premises or permit the same •to be occupied or held by any other person or party than herself and said grantor without his…
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Petition for partition. The plaintiff claims title to one undivided half of the premises, by virtue of a deed from the defendant to her, which contains a condition as follows : “ The condition of this deed is that the said grantee, during the lifetime of the said grantor, shall not sell, lease or otherwise alienate or dispose of the above described premises or permit the same •to be occupied or held by any other person or party than herself and said grantor without his license or permission which must be given by deed to an authorization within the meaning of this condition.” The defendant…
1Opinion of the CourtSmith, J.
The condition will cease at the defendant’s death. Its object is to secure some protection during his lifetime. He reserved the right of excluding everybody but the plaintiff from occupation. The deed shows no purpose of prohibiting anything except the admission of any other person than the plaintiff to the use, possession, or control of the land. After partition, the condition will be as effective as before. Sawyer v. Sawyer, 61 N H.—. It will still protect the defendant as much as it does now against the presence of any other occupant than the plaintiff. He will still have, as he now has,…
2Cases cited1 opinion
- Sawyer v. SawyerSupreme Court of New Hampshire · 1881
3Cited by1 opinion
- Hale v. JaquesSupreme Court of New Hampshire · 1898