Eysaman v. Small
New York Supreme Court
Appeal from circuit court, Herkimer county. Action for waste by Adam H. Eysaman, as guardian of Lulu Eysaman, an infant, against Mary Small. On the 25th day of June, 1887, John Small died at his residence in German Flatts, seised in fee of the premises described in the complaint, leaving the defendant, his widow, him surviving, and an adopted daughter, the wife of Adam H. Eysaman, the said Adam and the said wife being the parents of the said Lulu Eysaman.
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Appeal from circuit court, Herkimer county. Action for waste by Adam H. Eysaman, as guardian of Lulu Eysaman, an infant, against Mary Small. On the 25th day of June, 1887, John Small died at his residence in German Flatts, seised in fee of the premises described in the complaint, leaving the defendant, his widow, him surviving, and an adopted daughter, the wife of Adam H. Eysaman, the said Adam and the said wife being the parents of the said Lulu Eysaman. The will of John Small was admitted to probate on the 27th of September, 1887, in .Herkimer county, and in the will the premises were…
1Opinion of the CourtHardin, P. J.
Appellant does not claim what is known in law as “voluntary waste,” but. on the contrary, does claim what is commonly denominated “permissive waste.” Mr. Washburn, in his work on Real Property, (volume 1, p. 126,) says: “To suffer it [house] to go to decay for want of necessary repair is permissive;” and he adds: “But whatever the act or omission is, in order to its constituting waste, it must either diminish the value of the estate, or increase the burdens upon it, or impair the evidence of title of him who has the inheritance. ‘Waste,’ in "short, may be defined to be whatever does a lasting…
2Cases cited2 opinions
- Jackson ex dem. Thomas v. TibbitsNew York Supreme Court · 1829
- Kennagh v. McColganNew York Supreme Court · 1889
3Cited by1 opinion
- Beekman v. Van DolsenNew York Supreme Court · 1892