Dennett v. Dennett
Supreme Court of New Hampshire
In Equity. Tbe bill sets forth, that tbe defendant, by the last will of Jeremiah Dennett, proved August 17, 1818, is seized as tenant for life of a certain farm and buildings in Portsmouth, bounded, &c., containing about eighty acres; that tbe plaintiff is seized of tbe remainder thereof, expectant on tbe defendant’s decease; and the defendant on or about tbe first of July, 1860, entered upon and took possession of said premises as tenant for life, and has ever since been in…
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In Equity. Tbe bill sets forth, that tbe defendant, by the last will of Jeremiah Dennett, proved August 17, 1818, is seized as tenant for life of a certain farm and buildings in Portsmouth, bounded, &c., containing about eighty acres; that tbe plaintiff is seized of tbe remainder thereof, expectant on tbe defendant’s decease; and the defendant on or about tbe first of July, 1860, entered upon and took possession of said premises as tenant for life, and has ever since been in possession of it. There were then a great number of timber and other trees on said farm, and tbe defendant has lately…
1Opinion of the CourtBell, C. J.
There is no pretense that a tenant for life has any right to cut and sell wood or timber to raise money to pay for repairs, however necessary or indispensable. Co. Litt. 53, b; 7 Bac. Ab., 261, Waste, F; 23 Vin. Ab. 454, Waste, M 12, 13, 28; Bro. Ab. 112; Maleverer v. Spinke, Dyer 356, pl. 32; Elliot v. Smith, 2 N. H. 430; Com. Dig., Waste, D 5; Bowles’ Case, 11 Co. 82; Fuller v. Wason, 7 N. H. 341; Padelford v. Padelford, 7 Pick. 152; Kidd v. Denison, 6 Barb. 14; Clemence v. Sture, 1 R. I. 272; Marlborough v. St. John, 10 E. L. & E. 148; Clark v. Holden, 7 Gray 11; Webster v. Webster, 33 N.…
2Cases cited3 opinions
- Kidd v. DennisonNew York Supreme Court · 1849
- Richardson v. YorkSupreme Judicial Court of Maine · 1837
- Steele v. AdamsSupreme Judicial Court of Maine · 1820
3Cited by3 opinions
- Katz v. WalkinshawCalifornia Supreme Court · 1903
- State v. Paul R. SantamariaSupreme Court of New Hampshire · 2017
- Forest v. JacksonSupreme Court of New Hampshire · 1876