Melms v. Pabst Brewing Co.
Supreme Court of Wisconsin
79 N.W. 738 (1899)
Relevant factsFree
Pabst Brewing Co. (defendant) held a life estate pur autre vie in a residential property that, soon after Pabst acquired the interest, became surrounded by factories and railroads until it was reduced to an isolated residential lot whose rental value could no longer cover taxes and insurance. Pabst responded by demolishing the large home on the property and grading the land to make it usable for commercial purposes instead, and Melms (plaintiff), the remainderman, sued for waste.
IssueFree
Whether a life tenant may commit waste if permanent changes in the surrounding area make the property worthless in its current use or condition and the waste would make the land useful again.