For Your Data Zauner V. Brewer Representative Brief
August 31, 2019
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Zauner v. Brewer case brief summary
596 A.2d 388 (1991)
CASE FACTS
The testatrix's volition disposed of a 33-acre bundle of property, which consisted of a menage together with late landscaped grounds, besides equally a man-made pond consummate alongside a boat menage together with dock for recreational purposes. The the world was devised to the physician's married adult woman for her life, together with if she "surrendered" the premises, the residue involvement went to the testatrix' son. The physician's married adult woman lived inwards the menage for only about twenty years together with and hence she leased the belongings to a 3rd party. The devisee alleged that the leasing yesteryear the physician's married adult woman constituted a "surrender" of the belongings together with that yesteryear permitting the buildings together with grounds of the belongings to decease out of repair, the physician's married adult woman had committed "waste" inside the pregnant of Conn. Gen. Stat. § 52-563, that had greatly diminished the value of the property.
DISCUSSION
The courtroom reversed the judgment inwards favor of the physician's married adult woman together with remanded the activeness for farther proceedings.
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596 A.2d 388 (1991)
CASE SYNOPSIS
Plaintiff, the devisee of the testatrix' son, challenged the judgment of the Superior Court inwards the judicial district of Litchfield (Connecticut), which granted the displace for summary judgment filed yesteryear defendant, the married adult woman of the testatrix' physician, inwards the devisee's activeness for a decision that the physician's married adult woman surrendered or forfeited her life estate inwards surely existent belongings allegedly owned yesteryear the devisee inwards fee simple.CASE FACTS
The testatrix's volition disposed of a 33-acre bundle of property, which consisted of a menage together with late landscaped grounds, besides equally a man-made pond consummate alongside a boat menage together with dock for recreational purposes. The the world was devised to the physician's married adult woman for her life, together with if she "surrendered" the premises, the residue involvement went to the testatrix' son. The physician's married adult woman lived inwards the menage for only about twenty years together with and hence she leased the belongings to a 3rd party. The devisee alleged that the leasing yesteryear the physician's married adult woman constituted a "surrender" of the belongings together with that yesteryear permitting the buildings together with grounds of the belongings to decease out of repair, the physician's married adult woman had committed "waste" inside the pregnant of Conn. Gen. Stat. § 52-563, that had greatly diminished the value of the property.
DISCUSSION
- The courtroom held that the give-and-take "surrender" was ambiguous together with was non discernible from the linguistic communication of the volition alone.
- The courtroom held that genuine issues of cloth fact existed equally to the intended pregnant of the give-and-take "surrender" together with equally to whether the physician's married adult woman committed waste matter actionable nether § 52-563.
The courtroom reversed the judgment inwards favor of the physician's married adult woman together with remanded the activeness for farther proceedings.
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