Kimbark Exploration Co. v. Von Lintel

The opinion of the court was delivered by

Hatcher, C.:

This appeal stems from a decree in a declaratory judgment action. The action sought a determination of the proper distribution of the landowner’s one-eighth royalty, under a producing oil and gas lease, as between a life tenant and the remaindermen.

Neither the facts nor the issues are in dispute. They may be briefly stated.

Henry Von Lintel owned the Northeast Quarter (NE/4) of Section Two (2), Township Ten (10), Range Twenty-six (26), in Sheridan County, Kansas. On March 22, 1955, Henry Von Lintel and Clementina Von Lintel, his wife,…