Murphy, H. v. Karnek, S.

160 A.3d 850
CourtSuperior Court of Pennsylvania
DecidedApril 21, 2017
DocketMurphy, H. v. Karnek, S. No. 438 WDA 2016
StatusPublished
Cited by19 cases

This text of 160 A.3d 850 (Murphy, H. v. Karnek, S.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Murphy, H. v. Karnek, S., 160 A.3d 850 (Pa. Ct. App. 2017).

Opinion

OPINION BY

SOLANO, J.

Before the Court are consolidated cross-appeals filed by Appellants Steve Karnek and Karnek Family Partners, LP, and Ap-pellees Harold B. Murphy, Jr., William J. Murphy, and Sidney C. Kameke from the trial court’s February 29, 2016 order disposing of the parties’ cross-motions for summary judgment. 1 We affirm.

This matter arises out of an intra-family dispute regarding ownership of oil and gas underlying a parcel of land in Washington County that the parties have referred to as the “Scott Heirs’ Farm.” Determination of the ownership interests depends upon a series of deeds and wills. The two documents at the center of this dispute are a deed to John and Mary Pirih (the “Pirih Deed”) and the will of Bessie Krynovske.

*853 The Scott Heirs’ Farm was conveyed by members of the Scott family to Joe Kry-novske and Bessie Krynovske, husband and wife, in 1931. The conveyance was by a general warranty deed that described the property as consisting of 137 acres 20 perches in Smith Township. 2 The deed excepted certain mineral rights that are not at issue here.

On September 1, 1938, the Krynovskes separated the oil and gas rights from the rest of the property by a series of transactions involving a third party, A. Kirk Wrenshall. First, as husband and wife, the Krynovskes conveyed the entire Scott Heirs’ Farm property to Wrenshall. Second, Wrenshall conveyed the Scott Heirs’ Farm back to Joe (but not to Bessie) by a deed containing the following clause:

EXCEPTING AND RESERVING hereout and herefrom all the oil and gas in or underlying said parcel of ground, together with the perpetual and irrevocable right, privilege, and easement of entering upon said lands and searching for, drilling wells, sinking shafts, mining, digging, extracting, taking and carrying away all of the oil and gas in or under said lands, or that may be found therein or thereunder; and, also, the right of possession and use of so much of said premises at all times as may be necessary to the practical carrying out of the purposes and provisions of this exception, provided, however, that no wells shall be drilled within 200 feet of the buildings on said tract of land.

Third, Wrenshall conveyed to Bessie “for and during the term of her natural life, with remainder over in fee to Joe Kry-novske ... ALL the Oil and Gas in and underlying all that parcel of ground [comprising the Scott Heirs’ Farm] ... BEING the same Oil and Gas and rights as Excepted and Reserved in Deed of A. Kirk Wrenshall, unmarried, to Joe Krynovske, dated September 1,1938 ..., ” The parties agree that as a result of these transactions, (1) Joe owned the Scott Heirs’ Farm, but not the farm’s oil and gas and related interests (the “Oil and Gas”), and (2) Bessie owned a life estate in the Oil and Gas and Joe owned a remainder interest in the Oil and Gas.

In 1939, Joe and Bessie, as husband and wife, executed the Pirih Deed, which conveyed the Scott Heirs’ Farm to John and Mary Pirih. The Pirih Deed contained an “EXCEPTING AND RESERVING” clause that was identical to the clause in the Wrenshall deed to Joe. It stated:

EXCEPTING AND RESERVING hereout and herefrom all the oil and gas in or underlying said parcel of ground, together with the perpetual and irrevocable right, privilege, and easement of entering upon said lands and searching for, drilling wells, sinking shafts, mining, digging, extracting, taking and carrying away all of the oil and gas in or under said lands, or that may be found therein or thereunder; and, also, the right of possession and use of so much of said premises at all times as may be necessary to the practical carrying out of the purposes and provisions of this exception, provided, however, that no wells shall be drilled within 200 feet of the buildings on said tract of land.

The deed continued:

THIS CONVEYANCE’ is also made UNDER AND SUBJECT TO a deed of A. Kirk Wrenshall, to Bessie Krynovske dated September 1st, 1938 ... by which conveyance all of the oil and gas rights *854 were conveyed to the said Bessie Kry-novske.

One of the issues in this appeal is whether the Pirih Deed somehow terminated Bessie’s life estate in the Oil and Gas and made Joe and Bessie owners of the Oil and Gas as tenants by the entireties.

Joe died intestate in 1959. He was survived by Bessie and five children: Helen Goodman, Mary Krynovske, Olga Murphy, Joseph Karneke, and Steve Kamek, Sr. The parties agree that if Bessie still had a life estate in the Oil and Gas at the time of Joe’s death, then, under the then-prevailing law of intestacy, 3 Bessie inherited one-third (5/15) of Joe’s remainder interest in the Oil and Gas and each of the five children inherited one-fifth of the remaining two-thirds (that is, 2/15 each) of the Oil and Gas. 4

Bessie died testate on November 9, 1963. Her Last Will and Testament, dated June 9,1962, 5 provided in Paragraph SECOND:

I give, devise and bequeath all my real estate property to my daughter, namely Helen Goodman. Property consists of on [sic] lot 30 by 150 feet of the Gordon Land Co. Plan, Lot #192, situated at 567 Buena Vista Street, Canton Twp., Washington County, Penna. She is to receive all royalties from 7 oil wells situated on John Scott’s heirs Farm, R.D. #3, Burgettstown, Pa. The wells are owned by Wolf Head Oil Refinery Co., Inc. Farm No. 1013S. Also Helen Goodman will be her sister, Mary Krynovske, guardian and she is to live in the house during her entire life.

The will contained no residuary clause. Although there is no specific discussion of .the issue in Bessie’s will, the parties agree that one of Bessie’s objectives was to take care of her daughter Mary, who apparently was unable to care for herself, by providing her with a guardian, a house (the devised property in Canton Township), and income. See Trial Ct. Op. at 7; Appellees’ Brief at 23. The will appointed Helen as Mary’s guardian and required Helen to live in the house, apparently so that she could care for Mary there. Letters testamentary were issued to Helen, and on October 27, 1964, the Orphans’ Court issued an Adjudication and Decree awarding Helen the Canton Township property; the decree made no mention of Oil and Gas rights on the Scott Heirs’ Farm or of royalties from those rights. See Washington County Orphans’ Court Adjudication and Decree, No. 269 of 1964. One of the questions in this appeal is what interests in the Oil and Gas rights, if any, each of Bessie’s children inherited upon Bessie’s death.

Bessie’s five children all are now deceased:

• Mary Krynovske died intestate in 1967. She was unmarried and had no children.
• Helen Goodman died testate in 1987. She left the house and lot in Canton Township to Olga Murphy, and stated that “all the rest, residue and remain *855

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Cite This Page — Counsel Stack

Bluebook (online)
160 A.3d 850, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murphy-h-v-karnek-s-pasuperct-2017.