Durrence v. Durrence

Undercofler, Presiding Justice.

The issue presented in this case is whether a life tenant may cut timber from her estate or whether such an act constitutes waste.

D. L. Durrence died in 1960 and left a life estate in two tracts to his wife, Pearl — the 250 acre "homeplace” and the 434 1/2 acre "flatwoods” — with the remainder to *706their children. Segal and Bobby Durrence are two of the sons, and as remaindermen tried to prevent their mother from cutting timber off these tracts. She then filed this suit to enjoin their interference with her life estate. The jury found in her favor and they appeal.…