Drach v. Ely

Rees, J.:

I dissent.

This quiet title action concerns the Northwest Quarter of Section Thirteen, Township Twenty-two, Range Thirteen (NW/4 13-22-13) in Stafford County, Kansas (Northwest Quarter), land owned by Fritz Mettscher prior to his death on September 20, 1938.

Testamentary transfer of all interests in the Northwest Quarter occurred according to the following will language:

“2.1 give, devise and bequeath the oil, gas and other minerals in and under and that may be produced from the hereinafter described [six quarter sections] . . . which I now own, to my six children [in equal shares] ....

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