40 N.H. 530 | N.H. | 1860
The plaintiffs in this case seek for relief on account of waste already committed; for an injunction to stay waste in the future ; for a decree of forfeiture for breach of condition in neglecting to maintain the plaintiff, Sarah F. Jewett; for an account of the personal property received by said Nancy under the will, with the income thereof, and of the real estate, and that proper decrees be made to secure and preserve it for the benefit of the persons interested; and also that the said Nancy, having become incapable of discharging the duties of the trust, be removed, and another trustee be appointed ; the bill also prays that the said Nancy be compelled to maintain the said Sarah, and to reimburse the sums of monej7 expended by her, the said Sarah, for her own maintenance, by reason of the neglect of the said Nancy.
The position of Nancy Jewett being that of tenant for life, she is entitled to take from the land a reasonable quantity of wood for fuel, for the supply of herself and family upon the premises, to be cut in a prudent and proper manner. She may also, we think, include a reasonable supply for necessary servants employed to carry on the farm, and living in the same or another house upon the premises,
In the case before us the bill charges that the said Nancy had leased the farm and part of the house to one Bean, with a right to cut firewood on the farm, and that he has done so for his use, and that the said Nancy has also supplied her own fire with fuel from the same source at the same time. The answer denies any waste, but admits the lease to Bean, alleging that the expense of hiring hands to cultivate the farm was so great it was thought best so to lease it, and admits also that in cold weather said Bean used wood for a separate fire. But it is not alleged in the bill, nor does it appear in the answer, that an unreasonable quantity was used; therefore the plaintiffs are not entitled to a decree upon that ground, and so also in respect to the charge of bad husbandry, which is denied by the answer.
The case furnishes no evidence of the incapacity of the said Nancy Jewett, and there seems to be no call for interference on that ground, nor does the plaintiffs’ counsel press that point.
In regard to the application for an account of the property and the income thereof, we see no occasion to decree it. Under some circumstances, where there is cause to fear that the property will be squandered or diverted to other than the legitimate uses, a bill with proper parties and in the nature of a bill quia timet may be maintained. But that is not the character of the proceedings here, nor
The support and maintenance which the mother was bound to furnish the daughters was such as would be suitable to their condition in life, and would be sufficient, if furnished at the residence of the mother in the family homestead. And the court would hesitate long before holding that such support was to be furnished the daughters without their lending any aid to the mother, in the discharge of her household duties, especially if in the lifetime of the father they had been accustomed to render such aid. Nor can we assent to the claim of the plaintiff" Sarah F. Jewett, that she is entitled to a separate apartment with fires and lights, at least upon any proof before
In respect to the other allegations of the bill that affect the plaintiff, Sarah Jewett, alone, the answers of the defendants are responsive, and distinctly deny them all, so far as they contain any equity, unless the allegation that the said Nancy has failed to furnish clothing for the daughter Sarah for the last five or more years, be an exception. The allegations in the bill are, that she has furnished the said Sarah with no clothing, or materials, or money for clothing, for that period, except a few small articles of small and insignificant value, though frequently requested. The answer admits that the said Nancy has not, since the year 1855, furnished the said Sarah with much clothing, or materials, or money for clothing, and assigns as a reason that her income since that time has been much reduced by the failure of the bank to pay dividends, and the failure of the apple crop ; but the answer alleges that prior to that time she furnished her daughter Sarah with sufficient clothing and money with what she has since received, to supply her, with proper prudence and economy, with suitable clothing to the present time ; and that since the death of the testator the said Sarah has received as much money and clothing as either of the defendants has expended for her clothing during the
Unless, then, this disposition is desired, the
Bill must be dismissed.