Oxford Orphanage v. . Kittrell

While tbe defendants, heirs at law of John R. Moss, tbe testator, in their answer claim title to tbe locus in quo, they do not allege that tbe plaintiff refused to accept or, having accepted, later rejected the devise, so as to invoke tbe terms of tbe reverter clause. Instead, in support of their claim, they allege that tbe deterioration and destruction of tbe buildings was due to tbe negligence of tbe life tenant and constitutes acts of waste; that tbe removal of structures therefrom was wrongful and unlawful; that it was tbe duty of tbe remainderman to prevent tbe loss and destruction of…