Nairn v Marjoribanks
| Jurisdiction | England & Wales |
| Judgment Date | 03 March 1827 |
| Date | 03 March 1827 |
| Court | High Court of Chancery |
English Reports Citation: 38 E.R. 693
HIGH COURT OF CHANCERY
[582] nairn v. marjoribanks. March 3, 1827. The Court'will not, on the application of a tenant for life, direct an inquiry, whether it would be for the benefit of all parties interested in the property, that certain permanent and substantial improvements should be made in the mansion-house. Nairn was, under a will, tenant for life of a mansion-house and considerable real estates. In a suit instituted for the administration of the trusts of the testator's will, a petition was presented by the Plaintiff, the tenant for life, stating that he had expended considerable sums in repairs of the mansion-house ; that the roof was constructed on a bad principle, and, unless it were removed and replaced by a roof constructed on a different principle, the mansion-house would sustain considerable injury ; that the removal and re-construction of the roof did not fall within the description of those ordinary repairs to which a tenant for life is liable, and would greatly benefit all the parties interested in the estate. The prayer was for a reference to inquire whether it would be for the benefit of the parties interested in the property that the roof of the mansion-house should be removed and a new roof constructed at the expense of the testator's estate ; and, if the Master should be of opinion in the affirmative, that...
To continue reading
Request your trial
-
Ferguson v Ferguson
...& G. 22; on appeal, 7 De G. M. & G. 207. Caldecott v. BrownENR 2 Hare 144. Vyse v. FosterELR L. R. 7 H. L. 318. Nairn v. MarjoribanksENR 3 RUSS. 582. Caldecott v. BrownENR 2 Hare, 144. Will — Contingent remainder — Lapse — Tenant for Life and remainderman — Unfinished houses — Expenditure i......
-
Horlock v Smith
...for here he had trust monies in his hands for that purpose, Galtlecott v. Brown (2 Hare, 144); Hibbert v. Cooke ; Nairn v. Mmjwibanks (3 Russ. 582); and it is shewn that it was never his intention to make a present of the money so expended by him. As to the costs they were necessarily a cha......
-
The Right Honorable Edward Baron O'Neill, Successor to Real Estates Under The Wills of The Right Honorable C. H. St. J. Earl O'Neill, Deceased
...Ex. 233. Drake v. Trefusis 10 Ch. App. 364. Jesse v. Lloyd 48 L. R. 656. In re Leigh's EstateELR L. R. 6 Ch. 887. Nairn v. MajoribanksENR 3 Russ. 582. Dunne v. DunneENRENR 3 Sm. & Giff. 22, 29; on appeal, 7 De G. M. & G. 207. Partington v. Attorney-GeneralELR L. R. 4 H. L. 100, 122. Le Marc......
-
Martin v Martin
...of the counterclaim must follow the result. We give no costs of the appeal. Walker, L.J., concurred. G. Y. D (1) Ir. R. 4 Eq. 35. (2) 3 Russ. 582. (3) 2 Hare, ...