White v. Tennant

8 S.E. 596 (1888)

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Nature of the Case

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Facts

Joseph White, the father of Ps and Michael White, died intestate in Monongalia county. He owned a tract of about 240 acres of land. About forty acres lay in Greene county, Pa., but the whole constituting but one tract or farm. The mansion-house in which Joseph resided was located on the West Virginia side of the farm. There was also a dwelling-house on the Pennsylvania part of the farm which was normally occupied by tenants. After the death of Joseph, his widow and Ps remained together and occupied the home-farm, residing in the mansion-house in West Virginia. Michael White several years before his death married Lucinda White (D), a daughter of Emrod Tennant (D), and about that time purchased a farm in Monongalia county, some fifteen miles from the home-place, to which he moved, and at which he and his wife resided. Michael was born and had his domicile in West Virginia all his life, until about April 1, 1885. Michael sold his Day's run farm, and then rented or made an arrangement with Ps, his mother and brothers, and sisters, to occupy the forty acres of the home-farm, in which he still had an undivided interest, and to live in the house on the forty acres in Greene County, Pa. Escrow was to close on the Day's run farm on April 1, 1885, and Michael was to have possession of the Pennsylvania House and forty acres at the same time. In March 1885, he moved part of his household-goods into the Pennsylvania house and put them into one of the rooms by permission of the tenant, who then occupied it. Michael also moved an organ and some grain to the old homestead, until he could get possession of the Pennsylvania house. On April 2, 1885, he left the Day's run house with the remainder of his goods and his wife with the declared intent and purpose of making the Pennsylvania house his home that evening. They arrived that evening. The house was found to be damp and uncomfortable. The wife was complaining of feeling unwell, and at the invitation of her brother-in-law and others of the family who then resided at the mansion-house, in West Virginia, were invited to stay in West Virginia and return in the morning. Michael locked the door to the Pennsylvania house and took the key with him. After doing chores related to the move, Michael returned to the mansion and found that his wife had contracted typhoid fever. It was impossible to move her. Michael went daily to the Pennsylvania house to look after it, and to feed his stock there, calling it his 'home.' Before she was fully well Michael got typhoid fever and died intestate in West Virginia. The wife recovered, and Emrod Tennant (D), her father, administered the estate in West Virginia. D distributed the estate according to the laws of West Virginia. D paid over to the widow the whole personal estate remaining after the payment of the debts. If the distribution had been according to the laws of the State of Pennsylvania, the wife would have been entitled to the one half of the estate, and Ps would have been entitled to the other half. Ps sued Ds in West Virginia claiming that Pennsylvania law should apply. The court disagreed. Ps appealed.