Brokaw v. Fairchild
Supreme Court of New York
237 N.Y.S. 6 (1929)
In 1886, Isaac V. Brokaw (testator) purchased a plot of land in New York City, located across the street from Central Park. The testator built a three-story residence on one corner of his land. The residence is suitable as a private single-family residence only. In 1913, the testator passed away, leaving a life estate in the residence to four remaindermen, who were to hold the property successively. The first remainderman, Brokaw (plaintiff), took possession that year. Since then, the character of the neighborhood surrounding the residence changed so that fewer and fewer private residences remained in the area. Brokaw attempted to rent the residence but found there was no market for rental of private residences. Brokaw eventually made plans to tear down the residence and construct a 172-room apartment building in its place, estimating he would make a $30,000 profit instead of the annual loss he had sustained in maintaining the private residence. Brokaw therefore brought this action for a declaration and judgment granting him the authority to replace the residence with an apartment building, despite the objections of the remaindermen.
Rule of Law
Holding and Reasoning (Hammer, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 168,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.