Smith v. Smith

Dollie Smith's will left property to her daughter Lorene (defendant) "to be used by her as a home as long as she wishes," providing that if Lorene ever sold it, she and her brother Frank (plaintiff) would split the proceeds; Frank sued alleging Dollie devised only a life estate (with Dollie dying intestate as to the remainder, passing to Frank and Lorene as heirs) and that Lorene was committing waste by letting the roof leak and floors rot, but the trial court dismissed his complaint.