Moore v. Phillips
Kansas Court of Appeals
627 P.2d 831 (Kan. Ct. App. 1981)
Leslie Brannan died and left his wife, Ada, a life estate in his farmland and farmhouse, with remainder to Dorothy Moore and Kent Reinhardt (Moore) (plaintiffs), Ada’s daughter and grandson. Over the last two or three years of Ada’s life she allowed the farmhouse to deteriorate significantly. Upon Ada’s death, Moore brought suit against Ada’s estate (defendant) to recover damages for the deterioration of the farmhouse on a theory of waste. The district court ruled in favor of Moore. Ada’s executrix (Phillips) appealed, stating that Moore should have brought a claim sooner and arguing the affirmative defenses of laches and estoppel.
Rule of Law
Holding and Reasoning (Prager, J.)
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