## Facts

- A testatrix devised a 33-acre Salisbury, Connecticut property (“Beaver Dam”) to Leonie Sullivan Walker Brewer for life, with the remainder to the testatrix’s son, and provided that the remainder would vest “at her death, or if she surrenders the premises prior thereto.”
- The testatrix executed the will in July 1967 and died in October 1967; Brewer entered possession and used the property as her home for many years.
- In September 1988, Brewer bought and moved to another home and leased Beaver Dam to a third party, who possessed the property under Brewer’s lease.
- The remainderman’s successor in interest (Zauner) sued seeking (1) a construction of the will declaring the lease a “surrender” that accelerated the remainder and entitled Zauner to immediate possession, and (2) damages and equitable relief for waste under Conn. Gen. Stat. § 52-563.
- Zauner alleged deterioration from lack of ordinary maintenance, including a split dock, cracking and movement of a retaining wall, a sinking boathouse corner, and pond overgrowth making the pond unusable.
- Brewer moved for summary judgment, arguing that leasing could not constitute “surrender” as a matter of law and that § 52-563 did not permit relief before the life estate ended (and, in any event, no cognizable waste was alleged).
- The trial court granted summary judgment for Brewer on both claims, finding no genuine issue of material fact.

## Issues

1. Whether the life tenant’s lease to a third party could constitute a “surrender of the premises” under the will, accelerating the remainder and entitling the remainderman to immediate possession.
2. Whether a remainderman may sue a life tenant under Conn. Gen. Stat. § 52-563 for permissive waste based on failure to make ordinary preventive repairs, and obtain relief before termination of the life estate.

## Decision

- The Supreme Court of Connecticut reversed the summary judgment and remanded.
- The court held that “surrenders the premises” was ambiguous and could reasonably be read to include relinquishment of physical occupancy; extrinsic evidence of testamentary intent could be required, making summary judgment improper.
- The court held that failure to make ordinary preventive repairs may constitute permissive waste actionable under § 52-563.
- The court held that § 52-563 authorizes immediate equitable relief and permits damages for voluntary or permissive waste before the life tenancy ends.

## Legal Principles

- Will construction focuses on the testator’s intent; ambiguous testamentary language may require consideration of extrinsic evidence and is generally unsuitable for resolution by summary judgment where competing reasonable interpretations exist.
- A life tenant has a duty to maintain property in reasonable repair; unreasonable failure to make ordinary preventive repairs can constitute permissive waste.
- Conn. Gen. Stat. § 52-563 permits a remainderman to pursue both equitable relief and damages for waste committed by a life tenant prior to termination of the life estate.

## Conclusion

The court required further fact-finding on the meaning of “surrenders the premises” in the will and held that Connecticut’s waste statute reaches permissive waste and allows pretermination remedies against a life tenant whose failure to maintain the property threatens deterioration of the remainderman’s interest.


Zauner v. Brewer, 220 Conn. 176, 596 A.2d 388 (Conn. 1991)