3
During the trial, the parties used the terms “trailers” and “mobile homes” interchangeably. The
court does the same in this opinion.
4
$40,000 promissory note from the Severances and tracked at least some of the payments
due and made under it while Rose was alive.
31. Tracking the payment history of the Severance-to-Shirley/Arthur Promissory Note is
hazy at best.
32. At first, John’s mother, Rose, made the $464.63 monthly payments called for in the Note
to Shirley. At least 13 payments were made before Rose took ill and finally died in 2004.
(Trial Ex. 2D).
33. The post-Life Lease $40,000 Promissory Note payment status becomes murky due to the
complex relationship that developed between Jim and John after Rose died, as to their
personal, financial and business lives.
34. For purposes of determining if the Severances defaulted on the $40,000 Promissory
Note, the court need not make findings. For the reasons stated in the Legal Analysis, the
court finds any breach of the Promissory Note created no breach of the Severances’ Life
Lease obligations, or any other obligations between the parties to this suit.
35. In or around 2002, as Jim and John spent more time together, John was helping Jim with
the car sales business. Jim looked to John to help provide some funding. At one point
they sketched out an investment approach – where John would own a percentage. (Tr. Ex.
L) Jim says co-ownership was discussed but did not occur. John gave a more nuanced
description. He admitted that “at first” he lent $30,000 or so “as an investor” but claims
the relationship became that of a Pride Auto business partnership as his life became
intertwined with Jim’s life. These matters are discussed in more detail later in the factual
findings.
36. By the time Rose died John and Jim had developed a close and personal relationship, that
became intimate. Jim’s farmhouse (his residence under the Life Estate instrument) at the
time was very rustic – it lacked a workable kitchen.
37. Although the Life Lease left ownership and occupancy of the Severance family trailers in
their ownership and uses (during their life estates) – Jim moved into John’s trailer on the
Subject Property after Rose died. He did this with John’s express permission. The two
men became intimate and started to share their living space, personal lives and pool their
finances as a domestic couple. (The court notes that Jim and John never formalized their
relationship into the level of a legal commitment of a civil union or marriage).
38. John and Jim redid the kitchen in Jim’s farmhouse, rendering the place more livable, and
moved in there together. This was not too long after Rose died.
39. This co-occupancy and consensual shared living arrangement was also something new,
and outside the terms of the Life Lease. Under the Life Lease, Jim retained at all times
the sole ownership and usage rights to the farmhouse. He chose later to voluntarily allow
John to come to co-reside there as an invitee and co-habitant. Jim and John by their post-
Life Lease conduct created a residence occupation relationship different than the rights
under the Life Lease. The importance of this distinction is described later in this opinion.
40. There were about nine more or less good years for Jim and John. John delivered papers
for the World, raised some horses (with Jim helping some) and assisted Jim in the Prime
Auto venture. At times John spent most of his working time helping Jim in the auto sales
venture(s). During this time, another “division” of Pride Auto, called Pride Auto East,