Forest Oil Co. v. Crawford

• Decision Date: 27 November 1896
• Docket Number: 13.
• Citation: 77 F. 106
• Parties: FOREST OIL CO. v. CRAWFORD.
• Court: U.S. Court of Appeals — Third Circuit

77 F. 106

FOREST OIL CO. v. CRAWFORD.

No. 13.

United States Court of Appeals, Third Circuit.

November 27, 1896

The findings of fact were as follows:

(1) The parties to this suit, their residence, and the subject-matter of the action are as stated above. The interest sought to be thereby recovered exceeds $2,000 in value. The defendant corporation was in possession of the land for oil and gas purposes when suit was brought. (2) William Crawford, the grandfather of the plaintiff, was the owner in fee of the land involved in this suit, and, being seised thereof, made his will, dated February 27, 1843, and died in 1846. His will was duly admitted to probate by the register of Washington county, Pa. and a copy thereof, marked 'Exhibit A,' is attached hereto, and made part of these findings. By said will he devised the premises in dispute as follows: 'I will and devise to my son Matthew and to his children my old farm, adjoining Mark Kelso's and others', provided however, at the end of one year after my decease, or when called upon for it, he shall pay to his mother the sum of three hundred dollars in addition to the sum as above bequeathed to her; and he shall pay, also, to my son Oliver's child, when it shall become of age the sum of two hundred dollars; but, if the said child shall die before it shall become of age, I will that he be altogether exonerated from the payment of the said two hundred dollars.' (3) That said Matthew Crawford, the devisee named, had, at the time his father executed said will, seven living children, of whom the plaintiff was one. After the making of said will, and before the death of William Crawford, the testator, another child was born to said Matthew, and after the death of the testator five other children were born to Matthew. Matthew Crawford died September 30, 1894, leaving to survive him twelve of said children, and the children of his son James Crawford, who died about 1890. (4) Matthew Crawford, on December 4, 1890 in consideration of $500 in cash, a royalty of one-eighth the oil, and $600 for each gas well utilized, executed to T. J Vandergrift a lease, for oil and gas purposes, of land which included the premises in dispute. A copy of said lease marked 'Exhibit B,' is hereto attached, and made part of these findings. This lease was duly assigned by T. J. Vandergrift to the Woodland Oil Company, which company, on March 20, 1892, entered upon said premises, drilled several wells, and obtained oil in paying quantities. On November 27, 1894, the Woodland Oil Company sold and transferred the lease and wells to the Forest Oil Company, the defendant, which company has since claimed and held exclusive possession of the land occupied in operating the wells under the lease. During the lifetime of Matthew Crawford the royalty arising under the lease was paid to him.

The will of William Crawford, attached as an exhibit to the second finding of fact, was in full as follows:

I William Crawford, of Mount Pleasant township, in Washington county and state of Pennsylvania, do make this, my last will and testament, as follows, vix.: I will and bequeath to my wife, Nancy, the sum of three thousand dollars in cash, to be paid her at the expiration of one year after my decease, and I will to her the whole of my household goods and furniture, and her choice of the cows. I allow to her also the use of the dwelling house in which we now live, together with the use of the garden and of half the orchard during her life. It is my will, also, that she be found in a quiet horse at all times when she wants to ride, and that she be always kept in a good cow, and that the cow be always kept and taken care of for her, and also that she be always kept in plenty of wood ready cut, and in as much coal as she can make use of, and, if necessary, that her fires be put on for her. And I will, also, that she be furnished annually with 15 lbs. of hackled flax, 15 lbs. of wool, 3 cwt. of pork, 50 lbs. of sugar, 30 lbs. of coffee, 8 lbs. of tea, 10 cwt. of flour, one barrel salt, 30 bushels of corn meal, and 15 bushel of potatoes; the potatoes to be holed and taken care of for her. I also will and direct that the garden be paled in, with a gate to it, and be worked for her, in the best manner, and it is my will that the above items and articles allowed and bequeathed to her be provided and furnished at the equal and joint expense of James, Thomas, and Robert. And I will and bequeath to my sons George and William, in addition to what they have already received, the whole amount of a note in my possession against George, two hundred dollars of which, with the interest thereon, I hereby direct and allow to be paid over by him to William. And I will and devise to my son Matthew and to his children my old farm, adjoining Mark Kelso and others, provided, however, at the end of one year after my decease, or when called upon for it, he shall pay to his mother the sum of three hundred dollars, in addition to the sum as above bequeathed her; and he shall pay, also, to my son Oliver's child, when it shall become of age, the sum of two hundred dollars; but if the said child shall die before it shall become of age, I will that he be altogether exonerated from the payment of the said two hundred dollars. And I will and bequeath to my daughter Margaret the sum of one thousand dollars,-- one hundred thereof to be paid to her son William when of age, the balance to be loaned by my executors, and, as soon as they shall deem it expedient, the principal and interest to be expended in the purchase of real property for her use during her life, to be equally divided amongst all her children at her decease. And I will and demise to each of my sons James, Thomas, and Robert one of the three plantations belonging to me, adjoining each other, upon their paying to my executors, for the use of the estate, within one year after my decease, as follows, viz.: To my son James and to his children I give the plantation on which I now live, upon his paying the sum of two thousand dollars; to Thomas and to his children I give the lot of land formerly occupied by Thomas King, upon his paying the sum of one thousand dollars; and to Robert and to his children I give the lot of land late the estate of John Cowden, deceased, upon his paying the sum of one thousand dollars. And I will that the line between the McDowell and Cowden farms, belonging to me, remain the same as the last existing line between them, until, beginning at land of James Hogseed, and running northwards, it reaches a stone nigh a sugar tree not far from the road; from which stone northward, towards McCarty's line, I will that the line be run in such a direction as will throw two acres of woodland of the McDowell tract into the Cowden farm. And I will that, in case any one of my sons James, Thomas, or Robert shall die without issue, the land belonging to the deceased shall fall into the hands of the other two surviving and their children, upon their paying to each one of the rest of my children the sum of three hundred dollars. And I will to my son Matthew my box coat, to James my saddle bags, and best straight coat and boots, to Thomas my best jacket and pantaloons, and to Robert my saddle. And I will that all the balance of my stock and other personal property, books excepted, including all the grain both in and out of the ground, be sold by my executors at public vendue, and, after all debts and bequests are fully discharged, the overplus, if any, shall be paid over to my wife, Nancy. And, further, it is my will, and I do hereby direct, if any one of my heirs shall enter suit at law respecting this my last will or testament, or be at all engaged therein, in order to obtain more or anything different from what is herein demised, that he, she, or they, as the case may be, shall be forever and totally disinherited....