Burris v. Jackson

Citations

• 8 Del. Ch. 345

Syllabus

<p>Where the executors, acting under the direction of the will, sold from the land of the testator enough timber measuring fifteen inches and upwards across the stump, to obtain lumber to repair and improve buildings on the farm imperatively needed for the protection of its ordinary crops, and cash to pay the debts and funeral expenses; and the complainant, a disinherited son of the testator, having unsuccessfully contested the will before the Register of Wills was proceeding to obtain a review by the Superior Court; the complainant being one of eleven heirs at law who would inherit the land as coparceners if the contest of the will should prevail; and the executors had given bond and there was no suggestion that they were insolvent, or that they were unable to pay any damages that might be recovered against them at law; an injunction to stay waste will not be awarded against the executors and the purchaser of the timber.</p> <p>Courts of equity will not grant an injunction at the suit of one tenant in common, coparcener or joint tenant against another, except in special circumstances, as where the waste is destructive to the estate, or where the respondent is sworn to be insolvent.</p>