Matthew Lange v. Betty Jo Sullivan

Syllabus

Appellee's father, decedent, died testate. Decedent's will devised real property to Appellee in fee simple but also gave Appellants the right to use the house and curtilage for so long as Appellants' did not abandon the property for a period of ninety consecutive days. The trial court held that decedent's will gave Appellants a \license\ to use the property—a holding that the parties do not appeal. On Appellee's complaint for declaratory judgment, the trial court ordered Appellants to pay the mortgage debt, real estate taxes, maintenance, and insurance on the property. Appellants appeal raising the sole question of whether they should be responsible for the mortgage on the property. We hold that, as licensees, Appellants cannot be charged with the mortgage debt. Accordingly, we reverse the trial court's order as to its holding that Appellants are responsible for the mortgage payments. The trial court's order is otherwise affirmed.