Moore v. Phillips

Facts

In 1962 Leslie Brannan died owning real estate consisting of land and a farmhouse. By his will he left to his wife, Ada C. Brannan, a life estate in the land and farmhouse, with the remainder of the estate to Dorothy Moore and Kent Reinhart. Ada Brannan resided in the farmhouse until 1964. Thereafter, she rented the farmhouse until 1965, when it became vacant. From 1965 Ada Brannan rented the land, but the farmhouse remained unoccupied. From 1969 to 1971 the farmland was leased to the remaindermen but they did not occupy the house. The remaindermen inspected the premises from time to time through the years following. In 1973 Ada Brannan petitioned for voluntary conservatorship due to health problems. In 1976 Ada Brannan died testate, leaving her property to others. Ada Brannan and her daughter, remainderman Moore, were estranged from 1964 until Ada Brannan’s death. After Ada Brannan’s death, a demand for damages on the theory of waste was filed against the estate of Ada Brannan. The total damages were alleged to be $16,159.00, but was found by the district court to be $10,433.00. The executrix of Ada Brannan’s estate, Ruby Phillips, asserted defenses of laches or estoppel, statute of limitation, and abandonment. The district magistrate sustained the defense of laches or estoppel, which upon appeal to the district court, was rejected as a defense and judgment was entered in favor of the remaindermen. Executrix appealed.