Fabianski v. Boutin

The issue in this case is whether the trial court erred in not finding that the owner of a life estate had surrendered it to the remaindermen. We hold that the court did not err.

Plaintiff, a life tenant, filed a petition for ejectment against the remaindermen who were in possession. The petition was granted after a hearing and defendants’ exceptions were transferred by Loughlin, J.

Plaintiff purchased a farm consisting of 75 acres in Troy, New Hampshire, in September of 1967. In an attempt to avoid attachment of this property by plaintiff’s ex-wife, he conveyed the farm to his present wife,…