White v. White

31 S.E.2d 558, 183 Va. 239, 1944 Va. LEXIS 146
CourtSupreme Court of Virginia
DecidedOctober 9, 1944
DocketRecord No. 2866
StatusPublished
Cited by8 cases

This text of 31 S.E.2d 558 (White v. White) 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
White v. White, 31 S.E.2d 558, 183 Va. 239, 1944 Va. LEXIS 146 (Va. 1944).

Opinion

Spratley, J.,

delivered the opinion of the court.

This proceeding involves the construction of the will of W. M. White, deceased. The testator died in 1931, possessed of four hundred and thirty-six acres of land in Russell county, and a small amount of personal property.. [242]*242He left surviving him his widow, Mabel G. White, the appellee, and four sons and two daughters. After devising to his son, Gorman, and his daughter, Clara, a farm containing one hundred and forty-seven acres for their natural lives, with remainder to their respective heirs, he disposed of the residue of his property by the following language:

“Fourth, it is my will and desire, and I do hereby devise my home tract of land, containing about 289 acres, to my beloved wife and my other children, in the following manner: I want the mansion house and 60 acres of land around it to be laid off to my son, Arnold B. White, which I devise to. him as his share of my real estate and which is to be held by him for his natural life and then it is my will that the remainder, after his death, go to his legal heirs. In laying off this tract of land to Arnold I do not want the improvements to be considered one way or the other.
“It is my will that the rest of my said farm be divided among my other children, namely, Hubert, Buford, and Mary R. White, and to go to them for their natural lives and at their deaths to their respective heirs, according to quality, quantity and value, after the dower is laid off to my beloved wife, no part of which is to be deducted from the seventy acres devised to Arnold. The said dower to be laid off out of the residue of my farm after Arnold’s 60 acres are laid off and my wife’s dower in said residue to be laid off adjoining said 60 acres devised to Arnold. I want my wife to have a home at the mansion house with Arnold, as long as she remains my widow and I also want my daughter, Mary R. White to have a home there as long as she is single and cares to make it her home.
“I further bequeath unto my beloved wife such of my household and kitchen furniture as she may desire to take and keep, and all the rest and residue of my personal estate I wish divided amongst my children and widow according to the statute of distribution and descent.”

At the death of W. M. White, his son, Arnold, then twenty years of age, was unmarried. Arnold married Lucille White on September 17, 1932, and they immediately [243]*243established their home at the mansion house on the land devised to Arnold. At that time Mabel White, Buford White and the latter’s wife, who is a sister of the appellant, and Mary White were also living at the mansion house. Mary was married in 1932, and established her home elsewhere. Buford White and his wife removed from the mansion house about three years later.

On April 5, 1937, a son, Orville Brown White, was born to Lucille and Arnold White. Arnold White contracted an illness in 1939, which resulted in his death on September 19, 1942, at the age of thirty-one years. He was survived by his widow and the above-named son.

Lucille White is thirty-seven years of age. Mabel White is sixty-four years old.

After the will was probated, the land was divided in accordance with its provisions, among the widow and the children. One hundred and thirty-seven acres, adjoining the sixty-acre tract devised to Arnold, were laid off and assigned to the widow as her dower.

Sometimes before Buford White and his wife removed from the mansion house, bickerings and quarrels had arisen between Lucille White and Mabel White as to their respective rights and privileges in the home. Their personal relations progressively became, very bitter and acrimonious. Finally Lucille White established her apartment in the upstairs part of the mansion house and her mother-in-law lived on the first floor. Shortly thereafter Mary Brown, an aunt of Lucille White, came to live with her niece, and the unpleasant relations between Mabel White and Lucille White became more bitter and hostile than ever before.

After Arnold’s death in 1942, Mabel White, on the advice of her physician, went away for a rest, visiting two of her-sons for two or three months. When she returned the controversy between her and Lucille White was resumed, each insisting upon the right to occupy the downstairs portion of the house. Efforts to effect a peaceful and satisfactory solution failed, resulting in the institution of this suit.

[244]*244On. February 1, 1943, Mabel White filed her bill against Lucille White, Mary Brown, and Orville Brown White, in which she alleged that, under the will of her late husband, she had the right to the exclusive possession of the mansion house, and alleged that she had been deprived of that right by the unfriendly action and conduct of Lucille White and Mary Brown. She prayed that Lucille White and Mary Brown be required to vacate the mansion house; that she be granted the care and custody of the infant, Orville Brown White; and that the will of W. M. White be construed by the court and the rights of all parties in interest be ascertained and established.

Lucille White, in her own right and as guardian of her infant son, answered and asserted her claim, as guardian of the infant, to the complete and exclusive ■ possession of the mansion house, and alleged that Mary Brown resided there at her request as the friend and helper of herself and infant son.

The formal answer of the infant defendant by his guardian ad litem was duly filed. Lucille White, as next friend of the infant, further filed a cross-bill praying that the title to her ward’s estate be quieted in the suit. '

Mary Brown filed her answer denying that she had any interest whatever in the subject matter of this litigation aside from her natural concern for the welfare of her niece and the infant, Orville Brown White.

On February 18, 1943, the court denied the prayer of Mabel White for a temporary injunction, and after hearing one witness ore tenus, continued the cause and directed that the remainder of the evidence be taken by depositions. A large volume of evidence was thereafter taken, which disclosed the unhappy personal relationship between the parties, Mabel White and Lucille White.

Each accused the other of insulting and discourteous conduct, and of behaving in a contentious and overbearing manner. The question whether their respective rights in the home were equal or superior constantly arose. Mrs. Mabel White, her children, and her neighbors charged Mary [245]*245Brown with hostile and unfriendly conduct and with inciting Lucille White to carry on the conflict with Mabel White and the brothers and sisters of Arnold White. A number of witnesses testified that Mary Brown created trouble wherever she went. Mrs. Buford White, a sister of Lucille White, and the niece of Mary Brown, charged the latter with being responsible for the actions of Lucille White. Mary Brown denied the conduct attributed to her, and said she was present in the house merely to assist and aid her niece in housekeeping and in the care of Orville. A nephew, a brother, and a sister of Mary Brown gave her a good name for orderly conduct.

A further statement of the details would serve no useful purpose.

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Bluebook (online)
31 S.E.2d 558, 183 Va. 239, 1944 Va. LEXIS 146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-white-va-1944.