Luthi v. Evans

The opinion of the court was delivered by

Prager, J.:

This is a review of the judgment of the Court of Appeals entered in Luthi v. Evans, 1 Kan. App. 2d 114, 562 P.2d 127. The factual circumstances and issues of law presented are discussed in depth in the majority opinion of Judge Spencer and in the dissenting opinion of Judge Abbott. We will set forth here only those facts necessary for the determination of the issue appealed to this court.

On February 1, 1971, Grace V. Owens was the owner of interests in a number of oil and gas leases located in Coffey county. On that date Owens, by a written…