Hays v. Underwood, Administrator

The opinion of the court was delivered by

Hatcher, C.:

This controversy stems from a claim filed against a decedent’s estate based on an alleged breach of contract.

*266Dean Park died testate on September 24, 1959. His wife, Halcolene Stroeter Park, was the sole legatee under his will.

For a number of years prior to his death Dean Park was engaged in the oil production business. Park had an oil and gas lease located on the west 110 acres of a 160 acre farm in Douglas County owned by Edwin Early. Russell Hays, the claimant, owned an oil and gas lease on the east 50 acres of the Early Farm.

In his claim…