Dickerson v. Dickerson

113 S.E. 726, 133 Va. 516, 1922 Va. LEXIS 113
CourtSupreme Court of Virginia
DecidedSeptember 21, 1922
StatusPublished

This text of 113 S.E. 726 (Dickerson v. Dickerson) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dickerson v. Dickerson, 113 S.E. 726, 133 Va. 516, 1922 Va. LEXIS 113 (Va. 1922).

Opinion

Burks, J.,

delivered the opinion of the court.

The object of this suit was to obtain the proper construction of a deed made by Coffee Dickerson in 1898 to his wife and seven of his ten children. So much of that deed as is involved in the controversy is in the following words and figures, to-wit:

“This deed made the 20th day of December, 1898, between Coffee Dickerson, of the first part, and Catherine Dickerson, the wife of Coffee Dickerson, and Ithoda Dickerson, Malira Dickerson, Elizabeth Dickerson, Cornelius Dickerson, Peter Dickerson, Walter Dickerson and Posey Dickerson, children of said Coffee Dickerson and Catherine Dickerson:

“Witnesseth: That the said Coffee Dickerson for and in consideration of the natural love and affection which he has for his said wife and children and desiring to secure a home for them after his death, hereby grant and convey unto the said Catherine Dickerson, [518]*518Rhoda Dickerson, Malera Dickerson, Cornelius Dickerson, Peter Dickerson, Walter Dickerson and Posey Dickerson and Elizabeth Dickerson, reserving a life estate for himself and full control, management and occupation during his life time, that tract of land upon which he, the said Coffee Dickerson, and family, now reside, lying in Floyd county, on the West Fork of Little river, containing about 130 acres and is the same tract of land conveyed to the said Coffee Dickerson by Moses Dickerson, by deed dated 30th day of January, 1869, and recorded in deed book L, page 617, in the clerk’s office of the County Court of Floyd county, to which deed reference is hereby made for ia more particular description of said land. After the death of said Coffee Dickerson the said parties of the second part are to have, hold and occupy said land during their natural lives and the lives of the survivors of them, and at the death of all of said parties of the second part the land is to go to the heirs at law of all of said seven children. This .deed is made in lieu of dower to the said Catherine Dickerson, should she survive her husband, the said Coffee Dickerson, in any and all his real estate owned by the said Coffee Dickerson, and is further for the full share and interest of all the seven children of the said Coffee Dickerson that they might have in any other lands owned by said Coffee Dickerson at his death and as to which' he may die intestate. This land is to be a home for any or all of the parties of the second part who may choose to live on same, and in case any of them should leave the place and go elsewhere to live, they are not to share in or have any of the products of said land while so living away, but those of them who remain and live on the place are to use the same for themselves, and those who use and occupy the land shall pay all [519]*519taxes assessed on same, but none of the parties are to in any way have the right to use or control said land during the lifetime of the said Coffee Dickerson; he, as- aforesaid, reserves for himself full and complete control and ownership during his lifetime. And the said Coffee Dickerson reserves the further right, that in case any of said children die before he does to dispose of the interest of any so dying, in said land either by deed or will.”

At the time this deed was made Coffee Dickerson owned other lands besides the one hundred and thirty acres conveyed as aforesaid, and had three other children who had married and left the parental home, and these three inherited said other lands. The seven children mentioned in the deed were not married and still constituted members of the grantor’s family. Coffee Dickerson died in 1898 and his widow died in 1910. Four of the seven children provided for in the deed died, unmarried and without issue prior to the institution of this suit, leaving surviving them Elizabeth, sometimes called Bettie, who was the complainant in the court below, and is appellee in this court, and her two brothers, Peter Dickerson and Walter Dickerson, the appellants. Peter Dickerson continued to live at the old home until October, 1901, when he married and went off and made a home for himself. He now lives in a good home on his farm supplied with acetylene gas, and with water and other modern conveniences. He has recently gone back to the old home tract and erected thereon a small cabin, or shack, in which he and his boy sleep, with a view of claiming a present share in the 130 acres tract, but his claim is so utterly without merit that it need not be further noticed. Walter Dickerson married in June, 1902, and immediately went West to live and remained [520]*520there two years. He then returned and went upon a part of the old homestead and built a dwelling house of five rooms and began the cultivation of the farm, paying to his mother, during her lifetime, and after her death to his sister Bettie a part of the crops as rent. In 1917, his brother, Posey, one of the grantees in the deed, joined the army and entered into a written contract with Walter by which the latter was given immediate possession of the tract of 116 acres of land belonging to Posey, and for which Posey had paid $5,200.00. Walter was to pay the taxes, keep up the fences and cultivate the land in such manner as he deemed best, and to have all the proceeds, and in the event that Posey never returned home, the farm was to be the property of Walter. The farm had upon it a good dwelling house and furniture therein. Posey never returned to claim the farm and died in February, 1919, leaving Walter the owner in fee of the farm. Soon after this contract was entered into Walter moved his family and effects to the 116 acre farm, known as the Howard place, and remained there for two years. He left some portion of his furniture in his former home and occasionally slept there, but the evidence indicates a bona fide removal as a home. He has a wife and six children. In 1919 he moved back into the house he had built and formerly occupied on the 130 acre tract for no other purpose than to claim present rights under the Coffee Dickerson deed, and to graze and cultivate the farm. When asked if his object in moving back was to get the use of the place, he said, “Yes, to exercise and hold my rights under the deed.” His brother Posey not only left him the house and farm, but also one-half of his government insurance. It seems, however, that he was short of pasturage and could not rent any, and that one of the [521]*521chief reasons for returning was to secure needed pasturage.

The rules for the construction of wills, deeds and other written instruments have been stated so often and so recently as not to need repetition. See Temple's Adm’r v. Wright, 94 Va. 340, 26 S. E. 844; White v. Old, 113 Va. 709, 75 S. E. 182, L. R. A. 1916F, 787; Conrad v. Conrad's Ex'r, 123 Va. 716, 97 S. E. 336.

In 1898, when the deed was made, there was a single dwelling house on the land granted, and in it there dwelt a father and mother, and their seven unmarried children. This was their home. It was no longer the home of the three who had married and left the parental homestead. It was natural to suppose that some, at least, of the remaining seven would do likewise, but some might not. The grantor evidently desired especially to provide for the latter. The expressed object of the deed was “to secure a home” for his widow and unmarried children. The grantor sought to establish a home for the otherwise homeless, just as his home on that tract of land then was. A haven of rest from the troubles of life, a place where there would be mutual love and sympathy, and they could enjoy the pleasures of social life.

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Related

Temple's Adm'r v. Wright
26 S.E. 844 (Supreme Court of Virginia, 1897)
White v. Old
75 S.E. 182 (Supreme Court of Virginia, 1912)
Conrad v. Conrad's
97 S.E. 336 (Supreme Court of Virginia, 1918)

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Bluebook (online)
113 S.E. 726, 133 Va. 516, 1922 Va. LEXIS 113, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dickerson-v-dickerson-va-1922.