Fuisz v. Fuisz

591 A.2d 1047, 527 Pa. 348, 1991 Pa. LEXIS 118
CourtSupreme Court of Pennsylvania
DecidedMay 21, 1991
Docket140 E.D.Appeal Dkt. 1990
StatusPublished
Cited by15 cases

This text of 591 A.2d 1047 (Fuisz v. Fuisz) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fuisz v. Fuisz, 591 A.2d 1047, 527 Pa. 348, 1991 Pa. LEXIS 118 (Pa. 1991).

Opinions

OPINION OF THE COURT

FLAHERTY, Justice.

This is an appeal, by allowance, from an order of the Superior Court which affirmed a final decree in equity issued by the Court of Common Pleas of Northampton County. Fuisz v. Fuisz, 386 Pa.Super. 591, 563 A.2d 540 (1989). The decree granted specific performance for a conveyance of real property. The appellant, Margaret Fuisz, is the mother of the appellee, Richard C. Fuisz. Appellee commenced this action against appellant in 1987 seeking specific performance of an alleged oral agreement to convey land. The facts from which this case arose are as follows.

Appellant and her husband, Anton Fuisz, purchased fifty acres of land in Lower Nazareth Township during the 1930’s. The land contained a farm house that became their family dwelling. Years later, during the 1960’s, appellant and her husband gave various parcels of this land to their two sons, Richard and Robert Fuisz. These gifts were [351]*351accomplished by means of fully executed deeds of conveyance. In 1972, appellee built a separate house on the land. The house cost between $40,000.00 and $70,000.00, and was built on acreage not previously deeded to him, i.e., on land still owned by his parents. Construction was accomplished with the full knowledge and approval of his parents. Appellant assisted appellee in his dealings with various contractors and suppliers during the course Of construction. The land affected consisted of a parcel of approximately two and one-half acres. When the house was completed, appellee used it as his personal residence for approximately seven years. In 1979, appellee became divorced from his wife, and, since that time, he has not lived in the house. His ex-wife and children continue, however, to reside there.

Appellee was eventually offered a deed for the parcel. This occurred in 1982, but appellee did not accept the deed because it did not include a right-of-way to his parents’ driveway or the use of their barn. He preferred not to have to build his own driveway and storage facilities. Due to family disharmony, no further offers to convey were made after 1982.

Property taxes on the parcel have always been paid by appellee’s parents, rather than by appellee, and they have retained exclusive possession and control over a portion of the two and one-half acre parcel which contains a rental cottage. No rent has ever been charged to appellee for use of the land. Appellee paid for his own utilities and for certain other expenses directly associated with the house. Maintenance on the house and lawn was performed mostly by a company that appellee owned, though a maintenance man employed by appellant may have mowed the lawn on certain occasions.

Appellee’s father died in 1982, leaving appellant solely in control of the legal title. Because appellee did not have title, he commenced the present action seeking to obtain it through a decree of specific performance.

Appellee’s action was based upon an alleged oral contract to convey the land. Appellee, a highly educated and sue[352]*352cessful physician and business entrepreneur, asserted that he did much for his parents through the years, such as giving them money and supplying them with luxury automobiles. He claimed, therefore, that the consideration for the contract consisted of love and affection. In the Court of Common Pleas, the chancellor found that the evidence was insufficient to prove such a contract, but, nevertheless, awarded specific performance on the basis that a parol gift of the property had been established.

Appellee had not alleged the existence of a gift in his complaint. In her answer to the complaint, appellant alleged that, before becoming alienated from her relationship with appellee, she had offered on various occasions to make a gift of the property but that appellee declined the offers.

Appellant maintains that, if appellee wishes to do so, he is welcome to remove his house from her land. Also, appellant is apparently not opposed to simply leaving the house in its present location and allowing appellee’s ex-wife to continue living there. The parties have stipulated that it would indeed be possible to move the house. They have also stipulated that the value of the house exclusive of the land is $81,000.00, and that the land and rental cottage together are valued at $47,200.

The Superior Court affirmed the chancellor’s finding that a gift was established. We disagree, and accordingly reverse.

The requisites for the creation of a valid parol gift of land are well established. In Yarnall Estate, 376 Pa. 582, 590, 103 A.2d 753, 758 (1954), we set forth the following requirements: 1.) evidence of the gift must be direct, positive, express, and unambiguous; 2.) possession of the land must be taken at the time or immediately after the gift is made, and such possession must be exclusive, open, notorious, adverse, and continuous; and 3.) the donee must make valuable improvements on the property for which compensation in damages would be inadequate. Accord Rarry v. Shimek, 360 Pa. 315, 62 A.2d 46 (1948).

[353]*353Thus, Yarnall clearly established that the elements of a parol gift of land must be established by evidence which is direct, positive, express, and unambiguous. Underlying this requirement is a view that delivery of a deed, as is generally necessary under the Statute of Frauds, 33 P.S. § 1, is the normal and proper means for conveying title to real property. Only where it is abundantly clear, leaving nothing to speculation, that a parol gift has occurred does Yarnall permit recognition of the gift. The stringent requirements of Yarnall exist to encourage persons to transfer properties in the proper manner, by means of deeds, and to foreclose the claims of those who might otherwise assert questionable claims of ownership in others’ properties.

Further, where, as in this case, the alleged parol gift of land is between parent and child, evidence of an even more clear and weighty nature is required than is necessary where the alleged gift was between unrelated persons. Yarnall Estate, 376 Pa. at 589-90, 103 A.2d at 758; Rarry v. Shimek, 360 Pa. at 318, 62 A.2d at 48.

Applying these standards to the present case, it is clear that appellee failed to satisfy his heavy burden of proving that a parol gift was made. The record simply does not contain evidence that could be characterized as direct, positive, express, and unambiguous, and, as stated, evidence of an even more clear and weighty nature would be necessary to establish that appellee received the gift in question, since the alleged gift was between parent and child. Appellee has simply failed to meet this burden of proof, for, at best, his evidence must be characterized as indirect, inferential, and ambiguous.

In reaching this decision, we are mindful that the scope of appellate review in a case such as this is quite limited. As stated in Sack v. Feinman, 489 Pa. 152, 165-66, 413 A.2d 1059

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Bluebook (online)
591 A.2d 1047, 527 Pa. 348, 1991 Pa. LEXIS 118, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fuisz-v-fuisz-pa-1991.