¶1The present motion is pressed on account of arrears of taxes. The tenant for life is bound to keep down ordinary charges for taxes and repairs out of the rents and income of the estate. The principle, perhaps, might not apply in relation to an assessment which goes to *313permanent benefit of the inheritance. In such a case, it is likely that some rule of apportionment would have to be resorted to. Here, the application is in regard to the payment of ordinary taxes. Let an order of reference to a master be entered, to appoint a receiver of so much of the rents and income of the estate as shall be necessary to pay off and discharge the taxes now due and in arrear to the corporation of the city of New-York from any part or portion of the estate ; unless, within forty days from the service of a copy of the order, the defendants, Chabert and wife, shall show, to the satisfaction of the master, that the taxes have been paid.
3 Edw. Ch. 312
Cairns v. Chabert
Decided April 22, 1839
New York Court of Chancery · decided 1839-04-22
Bill against tenant for life to restrain the disposition of property and to keep down assessments and taxes. The tenant for life, Susannah Elizabeth Chabert, who was sole executrix an¿ jn receipt of the rents of the realty, had allowed the taxes t0 run arrear for two years. A motion was made for a temporary receiver to collect rents and pay the taxes.
Good law ✅— No negative treatment on recordhow we know
Decided 1839-04-22
How this case has been cited
Cited by 25 later decisions (1 by the Supreme Court) — most recently November 1928 · most notably Defreese v. Lake (1896), Thomas v. . Evans (1887)
1 federal appellate · 23 state decisions — followed in 10 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
View the full empirical analysis of this case →