Anne Barnett Zauner v. Leonie Sullivan Brewer

In July 1967, the testatrix, Virginia R. Ward executed a will in which she conveyed the Beaver Dam property to Defendant during Defendant’s life or until she surrenders the premises. The remaining fee simple interest would then pass to her son and upon her son’s death, this interest passed to the Plaintiff who was her son’s widow.

In October, 1967 Defendant moved into the property and lived there until September, 1988 when she leased the property to a third party. Plaintiff sued Defendant, claiming that leasing the property meant that she surrendered it, which entitled Plaintiff to possession. Additionally, Plaintiff claimed that Defendant committed waste on the premises.

Defendant moved for summary judgment, arguing that to surrender the premises meant conveying an estate for years or life to another party, not leasing the property. Additionally, Defendant argued that the Plaintiff did not properly file a claim for waste because she failed to allege that the purported waste substantially and permanently damaged the property. Furthermore, Plaintiff cannot collect damages for this claim because § 52-563 doesn’t authorize damages for waste if the current life estate is not terminated.

At trial, Plaintiff submitted evidence showing that Defendant failed to complete ordinary repairs and that the property substantially deteriorated under Defendant’s control. The trial court granted summary judgment in favor of the Defendant and Plaintiff appealed.