Brown v. Brooks

Smith, J., delivered the opinion of the Court. We are here concerned with whether an agreement between a husband and a wife extinguished the husband’s statutory right of inheritance in the estate of the wife. Judge Powers in the Circuit Court for Prince George’s County held that it did not. We shall sustain his decision.

Appellee, Roy Brooks (Brooks), was the husband of Martha S. Brooks. They separated in 1952. Mrs. Brooks and Mary E. Brown, her sister and one of the appellants, owned a tract of land in Prince George’s County formerly owned by their father, John Scott, another appellant. Mrs. Brown and Mrs. Brooks desired to erect a home on the land they owned.

An instrument was prepared in the following language: “That I, Roy Brooks * * * do hereby GRANT, RELEASE, REMISE, and FOREVER QUITCLAIM unto MARTHA S. BROOKS, * * * her heirs and assigns forever, all the dower, right, title, interest and demand whatsoever which I may have in law or equity, all the lands, tenements, hereditaments and real estate whereof the said MARTHA S. BROOKS is now seized or possessed, or any lands, tenements, hereditaments and real estate which the said MARTHA S. BROOKS might be seized or possessed at any time in the future, so that neither I, my heirs, executors, administrators, or assigns, nor any other person or persons for me shall have any claim, demand, or right of dower in and to such lands, or any part thereof, but shall be utterly barred and excluded forever.” The acknowledgment contains the words “* * * and acknowledged the aforegoing release of dower to be his act.” The attorney for the lender said he was handed ³ this instrument at the time of settlement for the deed of trust on November 21, 1963. The instrument in question was dated February 23, 1962, and recorded among the land records of Prince George’s County immediately subsequent to the deed of trust. Mrs. Brooks died intestate. Brooks is the administrator.

He brought an action for a declaratory decree against Mrs. Brown, her husband and John Scott, the father of Mrs. Brooks, for the purpose of determining whether or not, as contended by the sister and father, Brooks was barred by this agreement from any claim in his wife’s estate. The general rule is that a release of dower or of curtesy does not extend to rights of inheritance. 23 Maryland rule is set forth in Pulaski v. Riland, 199 Md. Am.Jur.2d, Descent and Distribution, § 132 (1965). The 426, 86 A. 2d 907 (1952).