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36. Is the niece likely to prevail?
There is no applicable statute.
The niece then sued the husband for reimbursement for the two years' worth of property taxes.
For two years in a row after the woman died, the county assessor sent the tax bills to the niece, but the niece did not pay the bills, because she and the husband could not agree on who should pay them. Finally, the niece paid the taxes to avoid a tax foreclosure sale.
A woman died testate. In her will, she devised a farm she owned to her husband for life, remainder to her niece. Her will did not specify the duties of the husband and the niece with regard to maintenance and expenses related to the farm. The husband took sole possession of the farm, did not farm the land, and did not rent the land to a third person, although the fair rental value was substantial.
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A is incorrect. As explained above, the husband should have paid property taxes during his life tenancy. Thus, the niece will be entitled to a judgment against the husband for reimbursement.
B is incorrect. It is not relevant to whom the county assessor sent the tax bills.
C is incorrect. The silence in her will as to the responsibility to pay the property taxes triggers the default rule--it is the duty of the life tenant to pay all general property taxes that accrue during the continuance of the life estate.