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Property Keyed to Rabin
McIntyre v. Scarbrough
Facts
In 1988, McIntyre (Defendant) sold a large tract of land to Scarbrough (Plaintiff) but reserved a life estate in 1.2 acres of that land. Defendant was responsible for maintaining the land and the home on the 1.2 acres and for paying ad valorem taxes. However, from 1990 to 1994, Defendant failed to pay taxes. Plaintiff also alleged that she had not seen Defendant since 1990 and offered evidence that the latter’s home had been unoccupied for some time and had fallen into a state of disrepair. There was testimony that it posed a fire and health hazard. Plaintiff petitioned to terminate Defendant’s life estate because of waste. Defendant was 90 years old and not living on the subject premises because of illness, but her grandson apparently had undertaken some repairs. Defendant claimed that she intended to return to the property, citing personal belongings that were still at the home as well as her grandson’s repairs. She argued that her poor health and hardship prevented her from maintaining the property. The trial court granted summary judgment for Plaintiffon the grounds that the evidence conclusively established that Defendant had committed waste. Defendant appealed.
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