Lon V. Smith Foundation v. Devon Energy Corp.

FOX, Justice.

[¶1] Thirty-four years ago, a California court issued a probate order distributing the estate of Lon V. Smith. A couple' of years later, a Wyoming court'entered an ancillary probate order to distribute Mr. Smith’s Wyoming property, including the Carbon County overriding royalty interest (ORRI) that is the subject of this dispute. It is undisputed that Mr. Smith’s intent, as expressed in his will (Will), was for the ORRI to be distributed to his wife, Marguerite B. Smith, for her life, and then to be distributed to the Lon V. Smith Foundation (Foundation). That is. not, however,…