Moore v. Phillips

6 Kan.App.2d 94, 627 P.2d 831 (1981)

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Nature of the Case

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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.