Beard v. Beard

Citations

• 22 W. Va. 130
• 1883 W. Va. LEXIS 45

Syllabus

<p>(*Snyder, Judge, Absent.)</p> <p>1. A deed oí marriage settlement will not divest the marital rights of the husband to a greater extent than the terms of the deed clearly require, (p. 138.) .</p> <p>2. A.deed of marriage settlement settling the wife’s property on her for her sole and separate use and authorizing the wife to dispose of her separate property by deed or will concluding with these words: “that they,” the husband and wife, “relinquish all claim, title or interest in each other’s property that might vest in them under the law by reason of their expected marriage,” can not be construed as clearly relinquishing and releasing all the interest which the husband shall have in her separate personal estate as her sole distributee, if she dies leaving no descendants and intestate without having disposed of her separate estate, and therefore the husband surviving her and she dying intestate and without descendants, he is entitled to the whole of her personal estate to the exclusion of her next of kin. (p. 139.)</p>