Ashby v. Ashby
New Jersey Court of Chancery
On bill, answer and proofs. The complainant, Amos K. Ashby, is the occupant of a gristmill and dwelling-house property situate on Delaware avenue, in the city of Burlington. The property was owned by his father, Edward Ashby, who died on the 15th day of May, 1888, seized of the same in fee-simple.
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On bill, answer and proofs. The complainant, Amos K. Ashby, is the occupant of a gristmill and dwelling-house property situate on Delaware avenue, in the city of Burlington. The property was owned by his father, Edward Ashby, who died on the 15th day of May, 1888, seized of the same in fee-simple. Some four years before his death the testator had, on March 25th, 1884, demised the premises in question to the complainant by a written lease for the term of three years, at a yearly rental of $425, payable quarterly, with a covenant that if the lessee should have made “ material and substantial…
1Opinion of the Court
Grey, V. C.
The first point to be determined in this case is whether the continued occupancy of the mill property, &c., after November 18th, 1888, by the complainant was under the terms prescribed by the testator in his will or under some special agreement with the life tenant, Lydia G. Ashby.
The status of the complainant, in his occupancy of the mill, is a most important factor in the settlement of the question whether he is entitled to be allowed for the repairs by him made to the mill. If he held the mill under the terms prescribed by the testator in the will, and the work done was within…
2Cited by6 opinions
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- Caruso v. CarusoNew Jersey Court of Chancery · 1928
- Patsourakos v. KolioutosNew Jersey Court of Chancery · 1942
- Dolid v. Leatherkraft Corp.New Jersey Superior Court Appellate Division · 1956
- In Re YoungNew Jersey Superior Court Appellate Division · 1952
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