ZAUNER V. BREWER
596 A.2d 388 (1991)
NATURE OF THE CASE: This was an appeal from the granting of a summary judgment motion.
FACTS: The plaintiff was the wife and sole devisee of the testatrix' now deceased only
son, John S. Barnett. D was the wife of the testatrix' physician and friend, Eddie Brewer. A
will was executed by the testatrix in July 1967, which provided for the disposition of a
33-acre parcel of property known as Beaver Dam. The property was devised to Brewer for life
with the remainder interest to Barnett. Testatrix died in 1967 and D entered and took
possession of the property. D resided and there until 1988 when she purchased and occupied a
home and leased the property to a third party. P commenced this action in court when she
learned that D had leased the property. P alleged waste and a surrender of the property. D
moved for summary judgment upon the completion of discovery. D got her summary judgment and
P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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