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GASTAR EXPLORATION INC. v. RINE

No. 16-0962.

806 S.E.2d 448 (2017)

GASTAR EXPLORATION INC. and Rona Lee McCardle, Defendants Below, Petitioners v. Gary RINE, as the Administrator of the Estate of Okey Franklin Yoho, et al. Plaintiffs Below, Respondents.

Supreme Court of Appeals of West Virginia.

Filed: October 19, 2017.

Attorney(s) appearing for the Case

William M. Herlihy, Esq. , Spilman Thomas & Battle, PLLC, Charleston, West Virginia, Matthew P. Heiskell, Esq. , Spilman Thomas & Battle, PLLC, Morgantown, West Virginia, Counsel for Petitioner Gastar Exploration Inc.

Jeffrey A. Kimble, Esq. , Robinson & McElwee, PLLC, Clarksburg, West Virginia, Counsel for Petitioner Rona Lee McCardle

Jeffrey V. Kessler, Esq. , Berry, Kessler, Crutchfield, Taylor & Gordon, Moundsville, West Virginia, Counsel for Respondents Gary Rine, individually and as the Administrator of the Estate of Okey Franklin Yoho; Dinah A. Gray; and Carl Smith.

Teresa C. Toriseva, Esq. , Joshua D. Miller, Esq. , Toriseva Law, Wheeling, West Virginia, Counsel for Respondents Betty Pyzell; Norma Ash; Debbie Rine; LeRoy Yoho; Kim Yoho; Ron Yoho; Jodi Yoho; Vicki Williams; Connie Streight; Nancy Brown; Mark Campbell; and Harold Yoho.

This case concerns a 1977 deed and its effect on the ownership of a one-half interest in oil and gas beneath a tract of land in Marshall County, West Virginia. When a deed is ambiguous, a court must weigh extraneous evidence like the conduct of the grantor and grantee to determine the parties' intent. A court must also adopt any...

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