Supreme Court of Georgia
471 S.E. 2d 199 (1996)
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. McIntyre 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, McIntyre failed to pay taxes. Scarbrough also alleged that she had not seen McIntyre 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. Scarbrough petitioned to terminate McIntyre’s life estate because of waste. McIntyre was 90 years old and not living on the subject premises because of illness, but her grandson apparently had undertaken some repairs. McIntyre 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 Scarbrough on the grounds that the evidence conclusively established that McIntyre had committed waste. McIntyre appealed.
Rule of Law
Holding and Reasoning (Thompson, J.)
Dissent (Benham, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 220,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.