Broadwell v. Banks
U.S. Circuit Court for the District of Missouri
On Demurrer to Petition. On the 2d day of March, 1867, Samuel J. Broadwell and wife made a lease of certain real estate in the city of Cincinnati, Ohio, to one William W. Dawson for a term of 99 years, renewable forever; the rentals payable at specified periods during each year. The lessor and the lessee were both citizens of Hamilton county, Ohio, at the time of the execution of said lease, and so resided there until their respective deaths.
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On Demurrer to Petition. On the 2d day of March, 1867, Samuel J. Broadwell and wife made a lease of certain real estate in the city of Cincinnati, Ohio, to one William W. Dawson for a term of 99 years, renewable forever; the rentals payable at specified periods during each year. The lessor and the lessee were both citizens of Hamilton county, Ohio, at the time of the execution of said lease, and so resided there until their respective deaths. Said Samuel J. Broadwell died in July, 1893, testate, and the Union Savings Bank & Trust Company of said city .was duly appointed and qualified as his…
1Opinion of the CourtPhilips, District Judge
(after stating the facts). In the first count of the petition the plaintiff seeks to recover of the defendant administrator the rentals which accrued and were unpaid at the death of the lessor. In the absence of any statutory provision to the contrary, it is elementary that the rents which accrued during the lifetime of the owner of the leased premises are personal property, and go to his personal representative as assets of the estate, and that, in the absence of any contrary statutory provision or testamentary direction, the rents of real estate which accrue after the death of the owner go…
2Cases cited8 opinions
- Wicker v. HoppockSupreme Court of the United States · 1867
- Smith v. SmithIllinois Supreme Court · 1898
- Brown v. Crookston Agricultural Ass'nSupreme Court of Minnesota · 1886
- Ham v. HillSupreme Court of Missouri · 1860
- Fontaine v. Schulenburg & Boeckler Lumber Co.Supreme Court of Missouri · 1891
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3Cited by12 opinions
- State v. Royal Mineral Ass'nSupreme Court of Minnesota · 1916
- Primos Chemical Co. v. Fulton Steel Corp.District Court, N.D. New York · 1918
- Whitehorn v. DickersonMissouri Court of Appeals · 1967
- Richards v. OntaiHawaii Supreme Court · 1910
- Skaggs v. CommissionerUnited States Board of Tax Appeals · 1938
7 more not listed; retrieve them via the Exa API.