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Brokaw v. Fairchild
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A testator passed away, leaving a life estate in the residence to four remaindermen. Plaintiff Brokaw who was the first remaindermen took possession that year. Plaintiff made plans to tear down the residence and construct an apartment building in its place, estimating it would make him a $30,000 profit instead of the annual loss he had sustained maintaining the residence. Plaintiff brought an action for a declaration and judgment granting him the authority to build an apartment building, despite the objections of the remaindermen.
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