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Matteson v. Walsh

Appeals Court of Massachusetts

947 N.E.2d 44 (2011)

Relevant factsFree

Dorothy Walsh's will gave her son Robert (defendant) a life estate in property, with the remainder to Robert's heirs and his sisters Elizabeth Matteson (plaintiff) and Catherine Baisly; Robert continued living on the property after Dorothy's death but stopped paying property taxes in 2004 and let the residence fall into disrepair. Elizabeth and Catherine paid delinquent taxes for 2004-2005 (which Robert repaid that time), but Robert then failed to pay taxes for three more years, which Elizabeth paid without reimbursement, while also covering utilities and hiring a maintenance worker Robert never objected to but also never reimbursed. Elizabeth sued for waste, the trial judge found Robert had committed waste endangering his siblings' interests, terminated his life estate, and ordered the three to hold title as tenants in common, prompting Robert's appeal.

IssueFree

Whether a life tenant who fails to pay taxes and maintain the property commits waste that injures future interests.

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