Kimbrough v. Reed

McDEVITT, Justice.

This case involves an action for waste brought by remaindermen against a tenant for life. The tenant for life alleged affirmative defenses and counterclaims including breach of contract, setoff, undue influence, fraud, and constructive trust. The district court dismissed all of the affirmative defenses and counterclaims alleged by the tenant for life. The jury found that the tenant for life caused waste to the lawn, shrubs, and trees which were a part of the life estate in the amount of $750.

I

FACTS AND PRIOR PROCEEDINGS

On July 30, 1993, the respondents Clifford E. Kimbrough…