McIntyre v. Scarbrough

In 1988, McIntyre (defendant) sold a large tract of land to Scarbrough (plaintiff) but reserved a life estate in 1.2 acres, agreeing to maintain that land and home and pay its property taxes. McIntyre failed to pay taxes for four years, and Scarbrough presented evidence the home had been unoccupied and fallen into disrepair, posing a fire and health hazard, prompting Scarbrough's petition to terminate the life estate for waste. McIntyre, 90 years old and living elsewhere due to illness, argued she intended to return, citing her grandson's repairs and belongings still at the home, and blamed her poor health for the neglect. The trial court granted Scarbrough summary judgment, finding the evidence conclusively established waste, and McIntyre appealed.