Joyner v. Estate of Johnson

• Decision Date: 09 February 2012
• Docket Number: No. 09–CV–205.,09–CV–205.
• Citation: Joyner v. Estate of Johnson, 36 A.3d 851 (D.C. 2012)
• Parties: Charles E. JOYNER, Appellant, v. ESTATE OF Frances W. JOHNSON, Appellee.
• Court: D.C. Court of Appeals

36 A.3d 851

Charles E. JOYNER, Appellant,

v.ESTATE OF Frances W. JOHNSON, Appellee.

No. 09–CV–205.

District of Columbia Court of Appeals.

Submitted May 18, 2010.Decided Feb. 9, 2012.

Ronald C. Jessamy, Washington, DC, for appellant.

Roger Simmon, Frederick, and Jeffrey D. Katz, Bethesda, MD, for appellee.Before BLACKBURNE–RIGSBY and THOMPSON, Associate Judges, and RUIZ, Associate Judge, Retired.^*RUIZ, Associate Judge, Retired:

Charles E. Joyner appeals the trial court's determination that a disputed piece of residential property was jointly owned by appellant and the Estate of Frances W. Johnson (“the Estate”) as tenants in common. Appellant argues that the trial court erred in (1) finding that the Estate owned half of the property, and (2) permitting the Estate's witness, Jacob Thomas, to present expert testimony on the proper interpretation of a deed. For the reasons that follow, we affirm the judgment of the trial court.

I. Statement of Facts

The property in dispute is a residence located at 1216 42nd Street, N.E., Washington, D.C., that was purchased by Hattie Mae Williams on April 13, 1945. Mrs. Williams executed a last will and testament that bequeathed her interest in the property to her two daughters, Frances (who after a subsequent remarriage, became Frances Johnson) and Marie (appellant's late wife). In 1964, Mrs. Williams died, and the property was transferred to her daughters, Frances and Marie, in accordance with her will.

Marie and appellant married in 1953. On June 2, 1977, after she had inherited her one-half interest in the property, Marie executed a deed that conveyed her half-interest in the property to herself and her husband (appellant Joyner) as tenants by the entirety.

On October 26, 1995, Frances executed a deed for the property. The deed identifies Frances as the “grantor” as well as the “grantee,” and states that “the party of the first part conveys to the party of the second part all she has in improvements, rights, pr[i]vileges, and appurtenances” in the property Frances and Marie had inherited from their mother. The deed expressly states that no consideration is involved. The deed also recognized the 1977 deed in which Marie had transferred her half-interest in the property “to herself and her husband [appellant Joyner] as tenants by the entireties.” The deed was signed by Frances and by her sister Marie, who is identified as a “witness.” The deed was recorded on November 3, 1995.

Frances and Marie each executed wills, in 2004 and 1988, respectively. They granted to each other a life estate in the property. Upon the death of her sister Frances, Marie's will left her interest in the property to her husband, appellant Joyner. Upon Marie's death, Frances's interest would go to her children.

From 1962 until 2004, Frances, Marie, and appellant all resided on the property. Frances lived primarily on the lower level of the home; Marie and appellant resided on the second floor.

In 2004, the relationship between appellant and Frances soured for reasons that are not developed in the record. Frances and her children no longer had access to the house. Appellant changed the locks on the doors, making it impossible for Frances or her children to enter the home. In November 2004, Frances, who was then living at a local nursing facility, sent a letter to appellant requesting access to the property. By the end of 2004, both Frances and Marie had passed away, and appellant became the sole resident of the property.

According to a title abstract admitted into evidence, on January 22, 2007, appellant granted an Adjustable Rate Home Equity Conversion Deed of Trust on the property to Financial Freedom Senior Funding Corporation,¹ as collateral for a loan of $390,000.² The deed was recorded on February 26, 2007.

On June 1, 2007, the Estate of Frances W. Johnson filed suit in the Superior Court against appellant seeking a partition by sale of the property. At trial, Jacob Thomas was qualified as an expert witness over appellant's objection. Thomas, a senior title examiner for Potomac Title Corporation, had prepared a title report on the property, that was introduced at trial. Thomas testified that the 1995 deed confirmed Frances's 50% interest in the property. Appellant did not present an expert. He argued that the 1995 deed conveyed Frances's interest to him and Marie. In support, he testified that the Equity Conversion Deed executed in 2007 was for a “reverse mortgage” on the property, and presented an unsigned document (“ALTA Preliminary Title Report/Commitment to Insure”) he said was prepared in connection with that mortgage. The document states that appellant “was the sole owner of the property,” and that “[c]urrent owner(s) took title to subject property” in Frances's 1995 deed. The trial court noted in its findings that no evidence of an actual insurance policy or binder was introduced into evidence.

The trial court found that the deed executed by Frances Johnson in 1995 “confirm[ed]” her one-half interest in the property. Noting that the deed identifies Frances as both grantor and grantee, the trial court concluded that Frances had retained her half-interest in the property, and did not convey it to appellant and Marie. The trial court granted to her Estate the right to partition by sale.³ Appellant filed this timely appeal.

II. The 1995 Deed

Appellant challenges the trial court's finding that the property is jointly owned by him and the Estate in equal shares as tenants in common. He argues that Frances's 1995 deed conveyed “all she has in improvements, rights, privileges and appurtenances” in the property to him and his wife Marie. Once Marie died, appellant then succeeded to her interests, whether as survivor of the tenancy by the entirety or through her will.

“In resolving an appeal from a non-jury trial, we may review both as to the facts and the law, but the judgment may not be set aside except for errors of law unless it appears that the judgment is plainly wrong or without evidence to support it.” Hinton v. Sealander Brokerage Co., 917 A.2d 95, 101 (D.C.2007) (quoting Crescent Props. v. Inabinet, 897 A.2d 782, 789–90 (D.C.2006); D.C.Code § 17–305(a) (2001)). We interpret deeds as we do contracts, i.e., under the “objective law of contracts.” Dyer v. Bilaal, 983 A.2d 349, 354 (D.C.2009) (internal quotations omitted). This means that “the written language embodying the terms of an agreement will govern the rights and liabilities of the parties [regardless] of the intent of the parties at the time they entered into the contract, unless the written language is not susceptible of a clear and definite undertaking, or unless there is fraud, duress or mutual mistake.” Id. at 354–55 (quoting DSP Venture Group, Inc. v. Allen, 830 A.2d 850, 852 (D.C.2003) (alteration in original)). Thus, “[i]f a deed is unambiguous, the court's role is limited to applying the meaning of the words ... but if it is ambiguous, the parties' intention is to be ascertained by examining the document in light of the circumstances surrounding its execution and, as a final resort, by applying rules of construction.” Foundation for the Pres. of Historic Georgetown v. Arnold, 651 A.2d 794, 796 (D.C.1994) (internal citation omitted). “[A] contract is ambiguous when, and only when, it is, or the provisions in controversy are, reasonably or fairly susceptible of different constructions or interpretations, or of two or more different meanings, and it is not ambiguous where the court can determine its meaning without any other guide than a knowledge of the simple facts on which, from the nature of language in general, its meaning depends.” Washington Props., Inc. v. Chin, Inc., 760 A.2d 546, 548 (D.C.2000) (internal quotations omitted). “The question of whether a contract is ambiguous is one of law to be determined by the court.” Holland v. Hannan, 456 A.2d 807, 815 (D.C.1983).

The 1995 deed reads in its entirety as follows:

This DEED is made this 26th day of October 1995, by and between grantor Frances W. Johnson, whose interest in the below described realty vested in her by will on June 12, 1963, jointly with her sister Marie W. Joyner, who conveyed her interest in said realty on June 2, 1977 to herself and her husband Charles E. Joyner as tenants by the entireties, said grantor Frances W. Johnson retaining an equal share of said realty in herself; and the grantee Frances W. Johnson, said grantee receiving alone a 50–percent share in fee simple absolute in the subject realty, the remaining 50–percent still vested in Marie W. Joyner and Charles E. Joyner.

WITNESSETH, that in consideration of no dollars the party of the first part conveys to the party of the second part all she has in improvements, rights, privileges and appurtenances in the realty in the District of Columbia.

(emphasis added).

The Estate argues that Frances's 1995 deed was a “clarification deed,” intended to confirm that Frances owned a 50% share of the property, and in support of that contention, relied on the plain meaning of the language used in the deed and presented the testimony of its expert witness, Jacob Thomas, at trial. Thomas opined that:

The purpose of the deed it is believed to be as a clarification of ownership to the property since there was never a deed of conveyance and only a devising of the property from the will of Hattie Mae Williams back in 1963. This deed sets out the history of the property[:] that they had obtained it by the will with her sister. It mentioned the '77 deed where she [Marie] had conveyed it to herself and her husband as tenants by the entirety to her interest. And explains that Frances Johnson retains her 50 percent interest in the property. One could say that ... the purpose of the deed would be for clarification.

(emphasis added).

The trial court asked Thomas whether there is any basis for the view that appellant owns a 100% interest. Thomas replied in the negative, explaining that appellant owns a...