Mcintyre v. Scarbrough

471 S.E.2d 199 (1996)

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Nature of the Case

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Facts

Scarbrough (P) purchased from McIntyre (D) a 16-acre tract of land by warranty deed with a reservation of a life estate to D in 1.2 acres which included a mobile home, porch, and shed. The life estate required that D be responsible for the maintenance and upkeep and that it was for her natural life and during her occupancy of the tract as a personal residence. In 1994, P brought a petition to terminate the life estate based on the fact that D no longer lived there and that waste was committed. A summary judgment was denied, but on a motion for reconsideration, it was granted. D appealed.