Possessory Estates

The Life Estate

(P) Woodrick v. (D) Wood

Court of Appeals of Ohio, 1994

1994 Ohio App. LEXIS 2258, 1994 WL 236287
Pages 218-222 Case Book

Facts: Catherine Wood and her husband owned parcel #105. George Wood, Catherines
husband, died in 1987. In his will, George left a life-estate to his wife, and upon her death to his
children 50% each, Patricia Woodrick (daughter) & Sheridan Wood (son). In 1989, Sheridan
(son), conveyed his interest in parcel #105 to his mom. There was barn located on the property
that partially rested on #105 and partially on lot #106. Catherine Wood has a life estate and a
75% remainder interest in Lot #105 and Patricia Woodrick has a 25% remainder interest in Lot
#105. Lot #106 is owned by Catherine and Sheridan Wood, and Patricia Woodrick has no
ownership interest in Lot #106. P (Cat & Sheridan) wanted to raze the barn located on partially
on both lots and D filed a complaint to enjoin them for doing so. Trial court denied the
injunction but ordered Catherine Wood to pay $3,200 (appraised value of barn) to D if the barn
was torn down. P appealed.

Procedural History: Trial court for D. P appeals.

Issue: Whether the holder of a remainder interest in a parcel of land may prohibit the life tenant
of such property from destroying structures on that land?

Holding: Affirmed

Reasoning: The removal of the barn would actually increase the value of the property since it is
old and rotted, and that an increase of value to the property is not waste.

RULE:

A tenant in dower in real property who commits or suffers waste thereto will forfeit that part of
the property to which such waste is committed or suffered to the person having the immediate
estate in reversion or remainder and will be liable in damages to such person for the waste
committed or suffered thereto.

Vocab:

1. Waste: Abuse or destructive use of property by one in rightful possession.