The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1911-09-02
Judge MASON DECIDES
IMPORTANT LAND CASE
tsEyEH4 I INTERESTING POINTS
OF LAW ARE = ExPouNoED BY
THE ABLE JuRlsT-A CLOSELY
CONTESTED SUIT FROM 'HARRi.
50 N ;EoUNTY.htii

Al case OF more than ordinary i'm.
4 portance was decided by Judge John
W.. Mason at a special term OF the Cir.
Y cult Court, held here this morning.
\, The suit was begun In Harrison coun.
ty and transferred TO this circuit for
the reason that Judge Lynch had been
consulted about the title before he
! was elected Judge. The subject OF the
controversy is 1G5 acres OF valuable
land near the city OF Clarksburg. The
land Is very valuable for farming pur-
poses and contains about 100 acres Of
the Plttsburg vein OF coal.
December the 10th. 1857. Truman
4 Gore, who then owned the land, con-
4fyeyed IT to his daughter. Susan L.
Gore. The language OF that part OF
tthe deed out OF which this controversy
!. arlses. is as follows: "The said Tru-
! man Gore and Lydia, his wife. doth
grant unto the said Susan L. Gore. all
of certain tract or parcel of land
! ~ there describing the land)
10 have. and to- hold the above de-
ssrIbed tract of parcel OF land In her
fHWns Tlg shit antt1iot to be owned or con.
dlled ,by hef; husband should she
Il ever marry and ht her death said land
tis TO- pass to ithc heirs OF her body
Ehould she have any and II she. should
not then came is to. pass to her broth.
ers and sisters and their heirs" Su-
San was then single but in 1860 she
married CrugeryW. Smith. and had By
him one; child-Flora Smith-who was
eSonly3 child Susan ever had. Flora
was married twice and died leaving
4 two children-one by each marriage,
namely Marshall W. Rust and Flora
gShafer Matlle. This suit Is brought by
Flora Shafter Matile In ejectment,
claiming title to an undivided half in
terest In said land.
8 In 1888 Susan L. Smith and her
daughter then Flora Rust. conveyed
the land to Solomon D. Gore. The de.
Z sfendants claim the land under Solo,.
4 mon d. Gore.
Thes ontroversy arises over a coii.
tstruction OF the deed of Truman Gore
ITO his daughter, Susan. Does Susan,
take by that deed an absolute fee sim
Z pie estate, or onlyfon estate for life !?
II the deed conveys only a life estate
to Susan, and the. remainder to the
{ heirs lofl her body. thencbyc tho deed
ot Susansand her daughter to Solo.
man D II Gore, ,Sonly an estate for the
life of Susan passed to Solomon and
Susan being dead tho heirs of her
abodysare now. entitled to the land 1t
I should befremarked that Flora Rust.
Matile. died while her mother, Susan
Z: Smith (nee Gore), was still living,
and .aence she was not .hcr mothers
heirftn0i one Is heir OF the living.
Judge Mason holds that Truman
Cores deed conveyed only life es.
3 tateito Susan. The opinion Is based
on Sec II, Ch. l16 OF the Code of
ss1S49 In effect. In Virginia when -
deed was made aud still In force iu
this State. That section reads:
Where any estate real or personal
.is:given by deed or will to any person
for his life and after his death to his
heirs or the heirs OF his body, the con.
fyeyance shall be construed to vest an
4 estate for life only In such person and
I a remainder In fec simple to his heirs
Sor the heirs OF his body" The opin.
lon Is lengthy covering 90 closely writ.
& ten pages.5Sln concluding the opinion
: he says: 80 From what have said II
;followssthatnin my opinion this deed
conveys an estate TO Susan L. Gore
{ for her life and at her death a remain.
der tpt3the heirs tof her body with a
Limitation over 10 her brothers and
4 Tststersiand their heirs. To give this
deed any other construction would In
my Judgment be TO disregard the
clearly expressed Intentions OF tho
parties ito the deed. Whatever may
have been the ancient rules govern.
ling courts In the construction of deeds
.7by the modern and better rules pre-.
yaillng In this State mere forms and
technical words must yield TO the in
3 Stenuon. AS a matter OF course the In
s 5tentlon must be gathered from the
language the grantcr has seen fit to
employ
The plaintiif. Flora shaftcrAlatilc,
tis. about ten years old and unless this
Judgment is reversed by the Supreme
Court she gets half interest on
property worth >S5O.OOO or more.
John Basel, ESQ.,, and Richard Ran.
dolph McMahon. Esq. OF Harper's
s Ferry, represent the plaintiff. Judge
y FRANK Cox. Congressman John W, Da.
Wis and S. Douglass and w. w. Hughes,
SEstl.. Of Wclch, represent the defend.
ants. There are Several defendants.
The surface is claimed by dcvisces
of Solomon d. Gore. deceased. Tn.
oil and gas by the Clarksburg Light
/ and Heat, Company, and the coal bv
the COMMERCIAL Ccal and Coke Com.
pany. mo doubt some OF these defend.
ants VIII apply TO tho Supreme Court
!, Court for a writ OF error.
ss..szThc case was submitted to Judge
Mason for decision upon ar agreed
statcmeift OF facts. and Jury waived
/; by consent. Of the parties. d
- 81 FELL.