Smith v. Smith

241 S.W.2d 113 (1951)

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Nature of the Case

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Facts

P alleges that Dollie gave his sister D a life estate in a home. Dollie's will states: 'I give my home in Blytheville to my daughter, D to be used by her as a home as long as she wishes, and in case she should not use it as such and wish to sell it, then the proceeds to be divided between my son, P, and Din equal shares.' P brought this action in part to allege waste and to fashion a remedy for that waste. P asked the court to declare a forfeiture of the life tenancy, appoint a receiver to make repairs, and grant a partition in kind or by sale. The chancellor sustained D’s demurrer to this complaint and dismissed the suit when P refused to plead further.