84 W. Va. 753 | W. Va. | 1919
Prior to the execution of the deed hereinafter referred to plaintiff was the owner of a tract of land situated in Mason county, consisting of about thirty-eight acres, which was divided into two parts by a county road, 1414 acres, upon which was located the dwelling house, being on one side of the road, and the remainder, upon which was located the stable and other farm buildings, on the opposite side of the highway. There was a lien upon this land by deed of trust for the sum of $250.00 principal, which with interest at the time of the conveyance here involved amounted to a little more than $350.00. In the year 1895 the defendant J. C. Carlyle married the only child of the plaintiff. At that time plaintiff was living upon this tract of land, his family consisting of himself, his wife, and his daughter, who intermarried with the defendant. In the year 1897 the plaintiff ”s wife died, and shortly thereafter the defendant J. C. Carlyle and his wife, at the solicitation of the plaintiff, moved into the house occupied by the plaintiff upon the tract of land above referred to, and they continued to reside there until the death of Mrs. Carlyle in the year 1907. Carlyle’s four children were born in this house. After the death of his wife, Carlyle procured a housekeeper, and his family continued to reside upon the tract of land with the plaintiff until the fall of the year 1912, or the spring of 1913, at which time the plaintiff left the house, and shortly after his leaving Carlyle took his four children and placed them in school in the city of Wheeling, where they have since remained, with the exception of the eldest who is now receiving technical training as a nurse. Carlyle, at the time of his marriage, was and ever since has been engaged as a foreman upon construction work, his duties calling him away from home practically all of the time. Frequently he was away during all the summer and fall months, and only returned in the winter, to be gone again early in the spring for the balance of the year. During the time that his family lived upon the land he contributed the things necessary for their support. In the year 1905 the party who held the lien against the plaintiff’s tract of land insisted upon the payment thereof. Plaintiff was, unable to
The sole question to be determined is, what interest-, if any, did the plaintiff retain in the tract of land by reason of the provision in the deed above referred to? He contends that this provision that he was to have a home with the grantees in the deed was one for support and maintenance, while the defendants contend, if it has any effect at all, that it vested in him no other interest than a right to occupy one room in the house, without any obligation upon their part to maintain him. It will be observed that the language used by the parties in defining the interest of the'plaintiff is very general, and where this is the case it is the end of all construction to arrive at the intention of the parties at the time the contract was entered into, and to this end consideraion will be given to the subject-matter of the contract, the situation of the parties at the time it was entered into, the purpose sought to be accomplished, and the acts of the parties under the contract, which amount frequently to a practical construction of its terms and a declaration of their intentions. Snyder v. Robinett, 78 W. Va. 88; Clark v. Sayers & Lambert, 55 W. Va. 512; Vintroux v. Chilton, 84 W. Va. 603. "Where the conduct of the parties affords no assistance in construing a paper of such general import as this, such a provision has been held not to include support and 'maintenance, but only a right to live in the house upon the land. Shuttlesworth v. Shuttlesworth, 34 W. Va. 17. The plaintiff contends, however, that that case does not control here, for the reason that a practical construction has been placed upon this contract by the acts of the parties, and-that considering their situation at the time, the consideration paid for the land, the purpose sought to be accomplished, and their subsequent acts in performance of the contract, it must be held that the plaintiff reserved by this provision such interest in the land as would be sufficient for his support and maintenance, and the decree of the court below giving him a full life estate therein is no more than sufficient for that purpose. We are unable to agree with the plaintiff in this conclusion. The situation of the parties at the time of the deed was that
We are of opinion that this provision in the deed constitutes a reservation in favor of the plaintiff of a right to live in the dwelling house, without any obligation upon the part of Carlyle to support or maintain him. This right is not fully enjoyed by the occupancy of a single sleeping room in the dwelling. It goes further than that, and includes the right to use the dwelling in the way in.which dwelling houses are ordinarily used by their occupants. He is not entitled to the exclusive use of it, but he is entitled to the use of it in common with the defendant, and he is entitled to such use free from any abuse or ill treatment upon the part of the de-fandant, or any of his employes, servants or agents.
The decree of the circuit court grants to him more than he is entitled to. It will be modified as above indicated and as modified will be affirmed, with costs to the appellant.
Modified and affirmed. •