Zigmantanis v. Zigmantanis

797 A.2d 990, 2002 Pa. Super. 124, 2002 Pa. Super. LEXIS 751
CourtSuperior Court of Pennsylvania
DecidedApril 24, 2002
StatusPublished
Cited by8 cases

This text of 797 A.2d 990 (Zigmantanis v. Zigmantanis) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Zigmantanis v. Zigmantanis, 797 A.2d 990, 2002 Pa. Super. 124, 2002 Pa. Super. LEXIS 751 (Pa. Ct. App. 2002).

Opinion

STEVENS, J.

¶ 1 This is an appeal from the order entered in the Court of Common Pleas of Schuylkill County directing partition of real estate located at the corners of Tioga and Chestnut Streets in the Village of Tuscarora, Schuylkill County.1 Appellants Joseph and Edward Zigmantanis contend that (1) Appellants proved that the property was given to Appellant Edward Zigman-tanis as an inter vivos gift, (2) Appellants proved that George Zigmantanis created a remainder interest in the property on behalf of Appellant Edward Zigmantanis, and (3) the Dead Maris rule did not prevent the introduction of Appellants’ testimony.2 We affirm.

[992]*992¶ 2 The relevant facts and procedural history are as follows: George Zigmantan-is and his wife, Barbara Zigmantanis, acquired the subject property on October 1, 1975. Barbara Zigmantanis predeceased her husband, who then died intestate on March 15, 1990, leaving to survive him his three children, Appellee George Zigman-tanis, Jr., and Appellants Joseph and Edward Zigmantanis. During their lifetime, neither George nor Barbara Zigmantanis conveyed the property at issue, and George Zigmantanis was the sole owner at the time of his death. On March 25, 1991, Appellee was appointed administrator of his father’s estate, and Appellee made no conveyances of the property while acting in this capacity.

¶ 3 On March 28, 2000, Appellee filed a complaint in equity seeking partition of the property. Specifically, Appellee alleged that he and Appellants owned the property as tenants in common due to their father dying intestate, Appellants resided on the premises since 1990 without paying rent, and Appellee was entitled to rent and/or other relief the court deemed appropriate. Appellants filed an answer alleging that Appellee had no interest in the property, and the parties’ father gifted the property to Appellant Edward Zigmantanis while he was alive. Appellants further claimed that Appellant Edward Zigmantanis lived with his parents at the subject property for approximately twenty-two years, Appellant Joseph Zigmantanis moved into the property upon his father’s death, Appellant Edward Zigmantanis maintained the property and paid all expenses associated therewith after his father’s death, and Appellee paid no expenses.

¶ 4 On May 24, 2001, the matter proceeded to a bench trial, following which the trial court granted Appellee’s request for partition. Specifically, in a detailed opinion, the trial court concluded that (1) the court properly precluded Appellants’ testimony under the Dead Man’s rule, (2) the evidence failed to establish that the property was gifted to Appellant Edward Zigmantanis, (3) the evidence failed to establish that George Zigmantanis intended to create a life estate with Appellant Edward Zigmantanis as the remainder, and (4) the parties own the land as tenants in common. This timely appeal followed.3

At the outset, we note that in reviewing a decree in equity, we are bound to accept the chancellor’s findings of fact. The chancellor’s findings are entitled to particular weight in a case in which the credibility of the witnesses must be carefully evaluated, because he has the opportunity to hear them and observe their demeanor on the stand. Thus, our review is limited to a determination of whether there was an error of law and whether the chancellor’s factual findings are supported by sufficient evidence.

Hera v. McCormick, 425 Pa.Super. 432, 625 A.2d 682, 685 (1993) (citation, quotations, and quotation marks omitted),

¶ 5 Appellants’ first contention is that the evidence revealed that Appellant Edward Zigmantanis received the property from his father as an inter vivos gift.

The requisites for the creation of a valid parol gift of land are well established. In Yarnall’s Estate, 376 Pa. 582, 590, 103 A.2d 753, 758 (1954), [the Supreme Court] set forth the following requirements: (1) evidence of the gift must be direct, positive, express, and [993]*993unambiguous; (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.
Thus, 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, 83 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 deed, 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.

Fuisz v. Fuisz, 527 Pa. 348, 352-353, 591 A.2d 1047, 1049 (1991) (citations omitted) (emphasis added).

¶ 6 Applying these standards to the present case, we conclude that Appellants failed to satisfy their heavy burden of proving that a parol gift was made to Appellant Edward Zigmantanis. For example, Donna Zigmantanis, Appellant Joseph Zigmantanis’ daughter, testified that she spent many summers with her grandparents at the subject property from when she was born in 1977 to when she turned fourteen in 1991. Donna testified that her grandfather frequently told her that the property “was Uncle Eddie’s [Zigmantan-is’] and it was going to [her] Uncle Eddie.” N.T. 5/24/01 at 10. She observed Appellant Edward Zigmantanis mowing the lawn, doing yard work, painting, and installing new tile, cabinets, and carpet. N.T. 5/24/01 at 11. She also saw Appellant Edward Zigmantanis give her grandfather money for bills. N.T. 5/24/01 at 11.

¶ 7 Theresa Sinkonis testified that she is the parties’ first cousin, George Zigman-tanis was her uncle, and that she lived across from the subject property. N.T. 5/24/01 at 16-17. During the last two years of George Zigmantanis’ life, Theresa would visit him nearly every evening and talk about, inter alia, family affairs. N.T. 5/24/01 at 17-18. George Zigmantanis told Theresa that “the place would go to Edward Zigmantanis, Edward, the son.” N.T. 5/24/01 at 18. Theresa indicated that, after his death, George Zigmantanis was going to give the property to Appellant Edward Zigmantanis to repay him for moving from New York to Schuylkill County to take care of his parents. N.T. 5/24/01 at 19, 22. She specifically stated the following:

I told [Uncle George Zigmantanis] ...

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Bluebook (online)
797 A.2d 990, 2002 Pa. Super. 124, 2002 Pa. Super. LEXIS 751, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zigmantanis-v-zigmantanis-pasuperct-2002.