Ringrose v. Ringrose

Citations

• 170 Pa. 593
• 33 A. 129
• 1895 Pa. LEXIS 1440

Syllabus

<p>[Marked to be reported.]</p> <p>Deed — Charge on land — Consideration—Support and maintenance of parents.</p> <p>A deed from a father and mother to a son creates a charge upon land which will follow the land into the hands of subsequent purchasers, whether at judicial or private sales where the deed contains the following recital: “ The above described land and interest in the same conveyed to the party of the second part by his agreeing to support his father and mother, to do well and sufficiently maintain, support and keep his father and mother during their natural lives or the survivor of them with good and sufficient meat, drink, apparel, washing and lodging, use and occupancy of the dwelling where they now reside and medical attendance, in sickness and in health, and the funeral expenses of either of them, with the use of horses and carriages to take them to and from church at any time, and all times, and elsewhere at all times, as they may wish to go, and to furnish to each and either of them the sum of $25 per year during their natural lives.”</p> <p>The legal effect of the deed is affected by the interpretation of the parties to it, and as the words “ the use and occupancy of the building” import the retention of possession for the purpose of receiving the “ support and maintenance ” provided for, an estate in the land is thereby reserved in the grantors, which affects the title of the grantee through all subsequent mutations.</p> <p>In an action by the mother against the son’s widow who had bought the land at an orphans’ court sale, it is proper to admit in evidence a later deed between the same parties revoking certain money payments required to be made by the grantee to other relatives, but stipulating that the conveyance was “ conditioned for the support and maintenance of the father and mother as fully, and to all intents and purposes as before; ” the purpose of the evidence being to show the construction placed upon the first deed by the parties to