MOORE V. PHILLIPS
6 Kan.App.2d 94, 627 P.2d 831 (1981)
NATURE OF THE CASE: This was an action for damages due to waste. Phillips (D), executrix
of a life tenant's estate, challenged a judgment, which found in favor of Moore (P),
remaindermen, in P's action for waste in which they sought to recover damages for the
deterioration of a farmhouse resulting from the life tenant's alleged neglect.
FACTS: The testator granted a life estate to his wife, Ada Brannan, in certain farmland,
which contained a farmhouse. The remainder interest was held by testator's daughter and
grandson (P). After testator's death, Brannan lived in the farmhouse for about two years,
and then leased it for another year. For the next few years, Brannan leased the farmland,
but the house was unoccupied. Later, she leased the house to P, but they did not live there.
At the time of Brannan's death, the house had been unoccupied for about eleven years. During
Brannan's life, P periodically inspected the property. Brannan died testate, but did not
include P in her will: the evidence indicates that they were estranged. Upon Brannan's
death, P filed a demand against Brannan's estate (D) on a theory of waste to recover damages
for the deterioration of the farmhouse. The lower court rejected D's defenses of laches and
estoppel, and found for P. D appeals.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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