Suffolk University Law School - Lex Yearbook (Boston, MA)

Page 20 text:

A.. .lu 3.,...,.f.ff A consideration of the elemental law of life tenants empha- sizes the parallel between the obligations of lawyers and those of life tenants generally. The relation of the life tenant to at remainderman is fre- quently termed that of a trustee. The life tenant is a trustee in the sense that he cannot dispose of the estate to the injury of the remainderman, but he differs from the trustee in that he ma-y use the property for his beneyit. He may take the rents, the income and the profits. He may take reasonable estovers-that is, wood for fences and fuel. He is entitled to emblements, meaning the crops planted by him. The life tenant has no right to commit waste. He is not permitted to do any act which results in permanent injury to the inheritance. The removal or destruction of buildings is waste. He cannot escape responsibility by permitting trespass or waste by others. He is required to ma ke ordinary repairs to preserve the property. The life tenant cannot alien or encumber the reversion. He is not permitted to give it away. Though not required to, he may improve, strengthen and beautify the inheritance for his own enjoyment and for those who follow him. In a broad sense, all of us who inhabit the earth are life tenants. We come, and when we go we take nothing with us. As all of this is true of people generally, it is especially true of us in the legal profession. We are not founders. We entered a profession which had been long established and which was rich in history and traditions. We have taken it as our inheritance from those who have gone before. They were life tenants. We are life tenants too. To no one belongs the fee. The rents and the profitsg the estovers and emblementsg the sunshine and happiness appertaining to the inheritance are ours as a matter of well settled law, but obligations go with enjoyment. We are trustees for others. The rights of remaindermen must not be disregarded. We should commit no waste, and permit none. Trespassers should be repulsed. The edifce should at all times be kept repaired. 0I'2lll0l'

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