Bramer v. Bramer

• Decision Date: 06 May 1919
• Docket Number: 3681.
• Citation: Bramer v. Bramer, 84 W.Va. 168, 99 S.E. 329 (W. Va. 1919)
• Parties: BRAMER et al. v. BRAMER et al.
• Court: West Virginia Supreme Court

99 S.E. 329

84 W.Va. 168

BRAMER et al. v. BRAMER et al.

No. 3681.

Supreme Court of Appeals of West Virginia.

May 6, 1919

Submitted April 29, 1919.

Syllabus by the Court.

If the lessee in an oil and gas lease, subsequent to the death of the lessor, enters upon the leased premises and drills and produces oil and gas, the wells so drilled will be regarded as open mines at the time of the lessor's death, and a life tenant will be entitled to the rents, issues and profits reserved to the lessor, accruing from such mines during the life tenancy.

Persons contemplating marriage may in consideration thereof by antenuptial deed or contract in clear and unequivocal terms or by terms from which it must be necessarily implied release and relinquish all claim, title and interest in each other's property then owned or to be thereafter acquired which would otherwise accrue to them by the marriage, and in the right to take upon the death of the other dower or curtesy or by inheritance.

But neither the husband nor wife should be deprived thereby of his or her respective marital rights in the other's property to a greater extent that is clearly manifested by the plain words of the instrument or by necessary implication therefrom.

A deed of marriage settlement executed in July, 1866, in contemplation of marriage and before the statute creating separate estates of married women, effective April 1, 1869, was enacted, providing that after the marriage the wife should "hold and enjoy her said estate * * * to her sole and separate use," and with power reserved in her, her heirs and assigns thereafter by will, deed or otherwise to sell, exchange, invest or dispose thereof or of any other estate she might thereafter acquire in her own right by descent or otherwise, "to the intent that the aforesaid estate may not be at the disposal of or subject to the control of debts, forfeitures or engagements of the said party of the first part, her intended husband," and containing no other words of limitation on the rights of the husband, properly construed does not deprive him of any of his marital rights accruing on the death of the wife, in any property not previously disposed of by her.

Nor does the use of the word "heirs" in the provision of such deed or contract defined as such provision is by the subsequent clause of the contract reserve to such heirs for whom the wife had not prior to her death provided by deed, will or grant, the right to take by inheritance the land and property of the decedent except subject to the right of the husband lawfully accruing to him on her death.

Appeal from Circuit Court, Harrison County.

Suit by Ernest F. Bramer and others against J. Benjamin Bramer and others.Decree for defendants, and plaintiffs appeal.Affirmed.

Law & McCue and Homer Strosnider, all of Clarksburg, for appellants.

Charles G. Coffman, of Clarksburg, for appellees.

MILLER J.

The subject matter of this suit is the sum of eight thousand dollars one-half the proceeds of the sale of the royalty oils produced by the lessees under a lease for oil and gas from a tract of land in Harrison County, made August 31, 1905, by John H. Bramer and Mary E., his wife, lessors, to William O'Harrow, lessee, said tract being the property of the wife acquired by her during coverture by deed of August 6, 1894, executed by James Monroe and others, and containing one hundred and eighty acres, said money now being in the hands of Swartz and Strosnider, receivers in another suit.

Plaintiffs in this suit are children and heirs at law of Mary E. Bramer, now deceased, by John H. Bramer, also deceased, and the defendants are J. Benjamin Bramer and others, children and heirs at law of John H. Bramer by a former wife, and Emily S. Bramer, the third and surviving wife of said John H. Bramer, and one John W. Groves, claimant of one-third of said money by assignment in writing from the said Emily S. Bramer, representing her alleged one-third interest in said money as the widow of her deceased husband.

The royalty oils in question were produced from said land after the death of said Mary E. Bramer, which occurred June 26, 1908, and before the death of the said John H. Bramer, occurring in July, 1913.The record shows that although the first well on said land was practically completed before the death of the said Mary E. Bramer, but abandoned because of the loss of the tools therein, no oil was produced from it, nor from any of the wells drilled thereon until after her death.

The basis of the plaintiffs' claims to the exclusive right to said funds, besides their rights as the only heirs at law of Mary E. Bramer, who died intestate, is the antenuptial deed or contract entered into between their mother and father as follows:

"This deed made this third day of July 1866, between John H. Bramer of the first part and Mary Kile of the second part.

"Witnesseth: That whereas a marriage is shortly to be solemnized between the said parties hereto, and whereas the said party of the second part is possessed of considerable estate both real and personal consisting of household furniture money choses in action and land, it is hereby agreed between the said parties that said party of the second part shall after said marriage hold and enjoy her said estate hereinbefore named to her sole and separate use, and it is further agreed that the said party of the second part her heirs and assigns shall have full power to sell exchange invest or dispose of by will or otherwise her estate aforesaid or any other estate that she may acquire in her own right by descent or otherwise, to the intent that the aforesaid estate may not be at the disposal of or subject to the control of debts, forfeitures or engagements of the said party of the first part her intended husband.

"Witness the following signatures and seals:

"John H. Bramer.[Seal.]

"Mary Kile.[Seal.]"

The position of the plaintiffs is that by the plain provisions of said instrument, or by necessary implication therefrom, the said John H. Bramer, in consideration of marriage, which constituted a good consideration, not only thereby settled upon their motherMary E. Bramer all her property then owned or thereafter to be acquired by her in any manner as and for her sole and separate estate and use, with right in her to sell, exchange or dispose thereof by will, deed or otherwise, and with like power thereby reserved in her heirs after her death, but also thereby released and relinquished all his interests therein, cutting off and completely barring him or his estate from all marital or other rights, including any estate by the curtesy in any of the lands or personal property of the said Mary E. Bramer.

The position of the defendants, especially of the appelleesJohn W. Groves, the only one of the appellees appearing in this court, is that the only effect of said deed of settlement executed as it was before our statute creating separate estates of married women in lands and personal property, was to convert Mrs. Bramer's common-law estate into a separate estate in equity, so that she might thereby as the deed in terms provides, "hold and enjoy her said estate * * * to her sole and separate use," and that she might thereby be empowered to sell, exchange, invest or dispose of the same by will or otherwise, but to the intent only that said estate might not, as at common law, be at the disposal of or subject to his control or...