Moore v. Phillips case brief

Moore v. Phillips case brief summary
627 P.2d 831 (Kan. Ct. App. 1981)

CASE SYNOPSIS

Appellant executrix of a life tenant's estate challenged a judgment from the Pawnee District Court (Kansas), which found in favor of appellee remaindermen in their action for waste in which they sought to recover damages for the deterioration of a farmhouse resulting from the life tenant's alleged neglect.

CASE FACTS
A decedent devised certain farmland to the life tenant for her life. Initially, the life tenant resided in the farmhouse. However, the farmhouse was unoccupied for 11 years prior to the life tenant's death. The remaindermen filed a demand against the life tenant's estate following her death on the theory of waste to recover for the deterioration of the farmhouse. The executrix asserted the defense of laches or estoppel.

PROCEDURAL HISTORY

• The trial court found, however, that the defense was not applicable and entered judgment for the remaindermen. 

DISCUSSION

• The court affirmed the judgment. 
• Under the circumstances, the trial court did not err in rejecting the defense of laches or estoppel. The evidence was clear that the life tenant failed to carry out her duty as life tenant and quasi-trustee to keep the property in reasonable repair. 
• Preservation of the property was the life tenant's responsibility, and the fact that permissive waste occurred was proved beyond question. 
• If the life tenant had been alive, she could not have disputed the fact that the property had been allowed to deteriorate. 
• Hence, any delay in filing the action until after her death could not have resulted in prejudice to the executrix.

CONCLUSION
The court affirmed the trial court's judgment.

NOTES
-P and her son sued as remaindermen to recover damages fort the deterioration of a farmhouse resulting from neglect by the life tenant, P’s mother. D raised laches and estoppel as affirmative defenses, which the trial court sustained, but on appeal was reversed.

1. Rule: A defense of either laches or estoppel will not bar recovery in an action for permissive waste when no party was prejudiced.
   1. permissive waste failure of the tenant to exercise ordinary care of a prudent man for the preservation and protection of the estate
   2. ameliorative waste occurs when there has been a material change in nature of the property (maybe even an improvement)
   3. voluntary waste commission of some deliberate or voluntary destructive act
   4. remainderman a person who has an interest in property to commence upon the termination of a present possessory interest.