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Sweeney v. Schoneberger

New York Supreme Court

186 N.Y.S. 707 (1919)

Facts

The Schonebergers held life estates in five properties in Brooklyn. Sweeney (plaintiff) and several other remaindermen were supposed to inherit the properties after the Schonebergers died. If managed properly, the properties should have produced enough rental income to pay the mortgage interest and taxes and keep the properties in reasonable repair. But after Mr. Schoneberger died, Mrs. Schoneberger (defendant) did not pay the mortgage interest and taxes, even though the properties continued earning enough to do so under her neglectful management. After the lender had foreclosed on three of the properties, Sweeney sued Schoneberger for waste.

Rule of Law

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Issue

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Holding and Reasoning (Thomas, J.)

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The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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