EXECUTORS AND ADMINISTRATORS - LIABILITY OF ORIGINAL LESSEE'S ESTATE ON ASSIGNED LONG - TERM LEASE

Authors

Charles G. Schwartz, University of Michigan Law SchoolFollow

Abstract

Defendant's testator had entered into a ninety-nine year lease with the plaintiff lessor, and shortly afterward, with the consent of the plaintiff, had assigned the lease to a corporation. The lease was renewable forever. Fourteen years later the original lessee died testate, leaving an estate of approximately $1,000,000. The lessor now seeks to have the court impound nearly all of the estate as security for future rent payments. At the time of suit there had been no default in rent installments. Held, plaintiff has no present cause of action. In the absence of any default in rent, mere privity of contract with the original lessee's estate does not render lessor's claim for security for future rent a "debt not due" in contemplation of the code provisions defining allowable claims against an estate. Meek v. City Nat. Bank & Trust Co., 65 Ohio App. 349, 30 N. E. (2d) 347 (1940).

Recommended Citation

Charles G. Schwartz, EXECUTORS AND ADMINISTRATORS - LIABILITY OF ORIGINAL LESSEE'S ESTATE ON ASSIGNED LONG - TERM LEASE, 40 Mich. L. Rev. 121 (1941).
Available at: https://repository.law.umich.edu/mlr/vol40/iss1/16