220 Pa. 14 | Pa. | 1908
Opinion by
The opinion of the learned auditor, confirmed by the court below, correctly disposes of the question at issue in this case. In his opinion, the auditor has referred to numerous cases, clearly analogous in principle, which sustain the conclusion that the deed in question is supported by simply a good, and not a valuable, consideration. In view of the consideration named in the deed and all the circumstances surrounding the transfer of the property from the mother to the daughter, it is manifest that -the conveyance of the real estate, embraced in the deed, was intended to be simply a gift, and not a bargain and sale for value.
Bridget Kelley at one time owned the land in question. She conveyed it to Ann Lynch, her daughter, in consideration of “ natural love and affection and the sum of one dollar.” Bridget Kelley had another daughter and she conveyed to her another piece of real estate in which the consideration
Under the admitted facts in the case, therefore, it is clear that lo-ve and affection rather than the $1.00 consideration were regarded as the real and actual consideration in the transfer of the property in both instances, from Bridget Kelley, to Ann Lynch and from the latter to Susanna Lynch. The property in question is in the city of Pittsburg and is quite valuable. Hence, in view of the consideration named in the deed, it must be regarded as having . been conveyed to Susanna Lynch simply for a good and not a valuable consideration. The sum named in the deed as having been received is so insignificant and infinitesimally small when compared with the real value of the property as to show conclusively that it was named in the deed merely as a matter of form by the conveyancer, he entertaining the mistaken notion that some consideration beyond that of love and affection was necessary to give the deed validity and transfer the title. It is a matter of common knowledge, that when parents, in their lifetime, give their children real estate, it is the practice to name in the deed a nominal consideration in addition to that of love and affection.
Such transfers of property are never regarded as a bargain and sale, although the deed contains the usual covenants and warranty employed in deeds conveying a fee simple title. So universal is the practice in this respect that the grantee in such deed is always considered as having received the property as a gift. As well said by Maynard, J., in Ten Eyck v. Witbeck, 135 N. Y. 10, 31 Am. St. Rep. 809, in considering a deed with a nominal consideration (p. 811): “We think it would be a
Long prior to the act of April 8,1833, which prohibits land passing to others than those of the blood of the ancestor, the same policy or principle was recognized and enforced by legislation in this state. It seems to have been the policy of our state from the very beginning, and it is so recognized in our decisions. In Bevan v. Taylor, 7 S. & R. 397, it is said by Mr. Justice Duncan in delivering the opinion (p. 404): “ Under the acts of 1794 and 1797, it was the intention of the legislature, in every grade of descent, to exclude from the inheritance all who were not of the blood of the ancestor from whom the estate came, and to preserve it in the line in which it came ; in other words, that the ancestor is the commune vinculum, whether the estate ascends or descends.” And in Lewis v. Gorman, 5 Pa. 164, it is said (p. 165): “ Almost from the beginning, one great object of the framers of our system of descents has been to preserve real property in the line of those who originally acquired it.”
Such is, and unquestionably has been the policy of our state; and where anyone claims title to real estate through one who held by descent, gift or devise, he must be able to point to the fact that the blood of the ancestor flows in his veins. To carry .out this policy, we have had frequent acts of the legislature, the last one, which is substantially a re-enactment of the act of 1833, is the Act of May 25, 1887, P. L. 261, 2 Purd. (13th ed.)2000, the second section of which prohibits any person from taking an estate “ who is not of the blood of the ancestors or other re
If Ann Lynch had inserted in this deed a consideration of natural love and affection only, there could be no question that it would have transferred to Susanna the real estate as a gift. What reason is there to support the contention that the deed is one of bargain and sale because the nominal sum of $1.00 was named as a part of the consideration? Would any person believe for a moment that the money consideration named was the actual or true consideration intended by the parties for property worth several thousand dollars? Reason and common sense are supposed to be the bases of judicial determination, and hence we must hold that Susanna Lynch acquired the property, the proceeds of which are in dispute, from her mother as a gift, within the meaning of the act of assembly which denies the right of any person not of the blood of the ancestor to take any estate therein.
The learned auditor, whose report was confirmed by the court, fully vindicates his conclusion in the opinion filed by him.
The decree of the court below is affirmed.