Appeal, No. 80, March T., 1951, from judgment of Court of Common Pleas of Westmoreland County, May T., 1949, No. 380, in case of Sophia Angelcyk v. Steve Angelcyk et ux. Judgment affirmed.
Carroll Caruthers, with him William F. Caruthers, for appellants.
Marquis M. Smith, for appellee.
Before Drew, C.j., Stern, Stearne, Jones, Bell, Ladner and Chidsey, JJ.
OPINION BY MR. JUSTICE LADNER
This is an appeal from the entry of a judgment on the verdict assigning as errors the refusal of judgment n.o.v. and the dismissal of a motion for a new trial. The action is ejectment, tried before a jury which rendered a verdict for the plaintiff, here the appellee.
Plaintiff, Sophia Angelcyk, was, prior to March, 1946, the owner of two adjoining farms in Sewickley Township, Westmoreland County, Pennsylvania. The farm for which ejectment was brought is known as the "home" farm and was owned by the plaintiff's husband who died intestate May 5, 1944. On June 29, 1944, the children of the plaintiff conveyed their interests in the home farm to the plaintiff. She continued to operate the
farm with the aid of defendant, here the appellant, Steve Angelcyk her son who was paid $30.00 a week. (The other appellant-defendant is Pauline Angelcyk, the wife of Steve.)
Prior to April 1, 1946, there were several family conferences concerning the transfer of the home farm by plaintiff to Stave. The plan was for the plaintiff to convey the farm to her son in return for certain benefits to the grantor as well as payments to be made and services to be performed by the grantee.
By a deed dated April 1, 1946, plaintiff conveyed the premises to defendant. This deed contained the following provisions: "As part of the consideration for this deed, the grantee hereto agrees to pay to the grantor the sum of $65.00 per month for each and every month during the balance of her life; to provide her with a house to live in for the balance of her life; -- the said house being the one above the garage which the said grantee agrees to keep in good repair and upkeep. The said grantee to permit said grantor to keep as many chickens for her own use as she may desire, for which he agrees to furnish the necessary feed. He further agrees to supply the grantor with a quart of milk free each day. He agrees to supply sufficient coal for the use of the grantor, free and clear of any expense on the part of the grantor. The said grantee agrees to pay all doctor bills contracted for and furnished at the house aforesaid, but not doctor bills contracted away from the immediate premises, He further agrees to furnish transportation for the grantor at convenient times. He agrees to assume and pay debts now against the premises in the amount of $2000.00." (italics supplied)
Adjoining the home farm there is a farm of 140 acres known as the "Guffey" farm. This farm is presently owned by the plaintiff and was owned by her at the time of the aforementioned conveyance. It had always ...