Larry Henthorn v. Deborah Ahlers, Lisa Bonney, William Moore, Leslie Strauss, and Pamela Whiting

Summary

The West Virginia Supreme Court of Appeals affirmed summary judgment concluding that a deed and deed of correction conveyed a fee simple interest in specified oil and gas rights, despite language limiting the interest to the grantee’s natural life. The court held that the grantor’s stated intent to convey in fee simple controlled and that any ambiguity was construed in favor of the grantee. The respondents therefore remained vested owners of the oil and gas interests.

Holdings

1. The deed of correction conveyed a fee simple interest in the subject oil and gas to Ann Lewis, which passed through the successive devises to the respondents.
2. The circuit court's entry of summary judgment was reviewed de novo, and the court found no prejudicial error in the judgment.

Questions Presented

1. Whether the deed of correction conveyed a fee simple interest in the subject oil and gas or only a life estate to Ann Lewis.
2. Whether the conflicting life-term language and fee-simple language in the deed of correction should be resolved in favor of the fee-simple conveyance.

Disposition

affirmed