Matteson v. Walsh

947 N.E.2d 44 (2011)

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Nature of the Case

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Facts

Dorothy G. Walsh, was the owner of property. Dorothy was the mother of P and D as well as Catherine Baisly. Dorothy's will devised the property to D, as life tenant, and thereafter to the heirs of Dorothy, P, and Baisly. Dorothy died in 1987, and D, who had already been living on the property since 1962, continued to reside there. Commencing in about 2004, for reasons unexplained, D simply stopped paying taxes and water bills, resulting in the town's issuance in 2005 of a notice of tax taking. D stopped maintaining the residences, and they fell into disrepair. P and Baisly stepped in and paid the delinquent 2004 and 2005 taxes of approximately $8,000, $6,000 of which D repaid. D failed to pay taxes for the next three years, and P again satisfied those taxes in an amount of about $13,000. D did not reimburse her for any of these subsequent payments. P also paid the water bills, and she hired a 'fix it up' man to repair the premises, which were apparently in considerable distress. The total cost for these repairs came to about $120,000. D was aware of these ongoing repairs, and he made no objection, did not order the repair man to leave, and did not reimburse P. P sued D for waste. The trial court found for P and entered an order that title was to be held by the parties as tenants in common. Both parties appealed.