In Re Estate of Warrington

TERNUS, Justice.

This case involves a dispute over a life tenant’s right to invade the corpus of the real property subject to the life estate. Although the appellees, heirs of the re-mainderpersons, did not dispute that Leonard Warrington’s will gave the life tenant, his wife Leona, a power of invasion in addition to a life estate, they contended Leona had waived this right. The district court agreed, concluding Leona, who served as executor of her husband’s estate, had waived this power by not expressly mentioning it in her application for approval of the final report. Based on this…