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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 259   View pdf image (33K)
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GAMBRIL VS. GAMBRIL. 259
JOSEPH J. GAMBRIL AND OTHERS,
vs. MARCH TERM, 1863.
RICHARD GAMBRIL AND OTHERS.
[ALLOWANCE TO TENANT TOR LITE FOR IMPROVEMENTS.]
WHERE a tenant for life 'puts improvements upon property for the mutual
accommodation of himself and those entitled in remainder, and the pro-
perty is sold to promote the interests of all parties interested, he will be
allowed the value of such improvements out of the proceeds of sale.
Though a mortgagee or a tenant in possession may not in all oases be
allowed for new improvements, yet a party thinking himself absolutely
entitled, who has expended considerable sums in repairs and lasting im-
provements, will be allowed for such expenditures.
The amount of the proceeds to be allowed a tenant for life for his interest in
the property sold, depends upon his age and state of health at the time
of sale.
[In this case, certain real estate was conveyed to a trustee;
in trust, for the benefit of Richard Gambril for life, and after
bis death, for the benefit of his wife, in case she should sur-
vive him, during widowhood; and after her death or marriage,
for the benefit of their child or children, and their heirs and
assigns. It was proved that at the date of this deed, the
dwelling-house on this farm was a small log-house, in a dila-
pidated condition, and an unhealthy location. That Richard
Gambril, the tenant for life, lived in it until it became unfit
for him and his children to remain in any longer, when he
erected a new house, not more expensive in cost than was
necessary for the comfort of his family, and that every economy
was used in erecting said building, and that at this time it is
worth more than $3,000. Upon a bill filed by the infant,
cestui que trusts, in remainder, alleging that it would be for
the interest and advantage of all parties interested, that the
property should be sold for the purpose of partition amongst
them, according to their respective interests; a decree for
that purpose was passed by the Chancellor, and the proceeds
being distributed by the Auditor's accounts, certain exceptions

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 259   View pdf image (33K)
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