This section contains the nature of the case and procedural background.

The plaintiff was the wife and sole devisee of the testatrix' now deceased only son, John S. Barnett. D was the wife of the testatrix' physician and friend, Eddie Brewer. A will was executed by the testatrix in July 1967, which provided for the disposition of a 33-acre parcel of property known as Beaver Dam. The property was devised to Brewer for life with the remainder interest to Barnett. Testatrix died in 1967 and D entered and took possession of the property. D resided and there until 1988 when she purchased and occupied a home and leased the property to a third party. P commenced this action in court when she learned that D had leased the property. P alleged waste and a surrender of the property. D moved for summary judgment upon the completion of discovery. D got her summary judgment and P appealed.

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