Moore v. Phillips
Kansas Court of Appeals
627 P.2d 831 (Kan. Ct. App. 1981)
Relevant factsFree
Ada Brannan held a life estate in farmland with remainder to her daughter Dorothy Moore and grandson Kent Reinhardt (plaintiffs), but let the farmhouse deteriorate significantly during the last two or three years of her life; after Ada's death, Moore sued Ada's estate (defendant) for waste damages, and the district court ruled for Moore. Ada's executrix Phillips appealed, arguing the claim should have been brought sooner and was barred by laches and estoppel.
IssueFree
Whether a claim of permissive waste by a daughter against her mother's estate is barred by laches or estoppel when most of the waste occurred in the last few years of the mother's life.