This section contains the nature of the case and procedural background.

P is one of several remaindermen under a will by which a life estate was given to D and her husband, Adolph. Adolph died in October 1912. The five properties subject to the will are in Brooklyn, and on four of them were mortgages, of which three were acquired by D in her husband's lifetime. Two have been foreclosed upon while a third is pending. Interest on the mortgages and taxes had not been paid by D. The income from the properties was more than adequate to pay the mortgages, taxes, and also do upkeep, none of which D performed. P sued D claiming waste.

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