Brokaw v. Fairchild
Supreme Court of New York
237 N.Y.S. 6 (1929)
Relevant factsFree
A testator built a private residence on land near Central Park in 1886 and, upon his 1913 death, left a life estate in it to four successive remaindermen; Brokaw (plaintiff), the first remainderman, took possession that year. As the neighborhood shifted away from private residences over time, Brokaw found the home unrentable and sought court authority to demolish it and build a 172-room apartment building instead, projecting a $30,000 profit rather than his ongoing losses maintaining the residence, over the other remaindermen's objections.
IssueFree
Whether a life tenant may use his land in a manner that causes permanent injury to the inheritance.