Citation. 262 So. 2d 641 (Miss. 1972)
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Brief Fact Summary.
The Appellants, Henry Baker and others (Appellants), appeal a lower court decision authorizing the sale of the property of which they hold a future interest.
Synopsis of Rule of Law.
The courts role in determining whether to allow the sale of land affected by a future interest, is to consider whether selling the land would prevent waste of the property and to consider whether a sale is necessary for the best interest of all the parties, including the life tenant and the contingent remaindermen.
The Appellee, Anna Plaxico Weedon (Appellee), is the life tenant of a piece of property that was once used as a farm, but is no longer farmed for agricultural use due to a highway bypass that runs through the land. Although not appropriate for agricultural use, the land is appreciating in value due to the development of the surrounding area. The Appellee wishes to sell the property to provide adequate income for the rest of her life, as she can no longer farm the land. The Appellants hold a future interest in the land and do not wish the land to be sold, as it will be worth a great deal more in the future. The lower court ruled for the Appellee stating the land should be sold to prevent economic waste, as the Appellee can no longer generate income from the land. The Appellants were granted an appeal, as their ownership of the property would be divested if the land were to be sold.
What is the scope of the court’s power in ordering a judicial sale of land that is subject to a future interest?
Reversed and Remanded. The proper factors in determining whether the sale of land by a life tenant is proper, is the prevention of waste of the property and to whether the sale is in the best interests of all the parties including the life tenant and the remaindermen.
In determining the judicial ordering of the sale of a property that has both a life estate and future interests, courts should consider both the prevention of waste of the property and the best interests of all of the parties involved. The law of waste concept is designed to ensure that uses of the property maximize the properties value. The central idea of the law of waste is to ensure that the life tenant of the property does not unreasonably interfere with the expectations of the remaindermen.