Property Keyed to Sprankling
Eyerman v. Mercantile Trust Co.
CaseCast™ – "What you need to know"
Louise Woodruff Johnston’s will required her executor to raze her residence and sell it, giving the proceeds to her beneficiaries. Johnston’s residence was part of a city landmark, the Kingsbury Place subdivision, which carries architectural significance. Plaintiffs, neighboring property owner and trustees, filed an injection tostop the destruction of the residence, alleging it would diminish the value of their property and it is against public policy. The trial court the court noted that the destruction of the property, based on the worth of the property, $40,000, would provide a net value of $650 to the beneficiaries. Therefore, the trial court denied Plaintiff’s injunction. Plaintiff appealed.
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