Estate of Baumgardner v. Ready

KITCHENS, JUSTICE,

Concurring in part and in result:

¶ 53. I agree with the result reached by the majority, but write separately to address the majority’s application of the law of waste. The law of waste allows a re-mainderman to recover the value of timber harvested by a life tenant if the timber was harvested solely for the life tenant’s own profit. Chapman v. Thornhill, 802 So.2d 149, 154-55 (Miss.Ct.App.2001) (quoting Learned, v. Ogden, 80 Miss. 769, *607779, 32 So. 278, 279 (1902)). However, under the circumstances of the present case, the law of waste does not apply. The life tenant here…