waste

In the popular sense, the failure to conserve. Loss of assets in the estate of a decedent through mismanagement by the executor or administrator. 31 Am J2d Ex & Ad § 265. In the technical sense, the destruction, misuse, alteration, or neglect of premises by one lawfully in possession thereof, to the prejudice of the estate or interest therein of' another. 56 Am J1st Waste § 2. The destruction or material alteration of any part of a tenement by a tenant for life or years, to the injury of the person entitled to the inheritance. An unlawful act or omis sion of duty on the part of a tenant which results in permanent injury to the inheritance. Anno: 3 ALR 674; 56 Am J1st Waste § 2. An unreasonable or improper use, abuse, mismanagement, or omission of duty touching real estate by one rightfully in possession which results in substantial injury to the freehold. Gade v National Creamery Co. 324 Mass 515, 87 NE2d 180, 10 ALR2d 1006. Refuse discarded in the process of converting raw material into a manufactured article. Patton v United States, 159 US 500, 40 L Ed 233, 16 S Ct 89. The primary distinction between waste and trespass is that in the former case the wrong is done by one rightfully in possession. Camden Trust Co. v Handle, 132 NJ Eq 97, 26 A2d 865, 154 ALR 602. See impeachable for waste; meliorating waste; permissive waste; unimpeachable for waste.