Cummings v. Shailer

This appeal involves a question of probate procedural law and a question of substantive law relating to the reciprocal rights between a life tenant and remainder-men to royalty payments securing from a secondary recovery of oil from existing and developed leaseholds.

John N. Shailer, a resident of Kansas, died testate and seized with mineral or royalty interests in Washington County, Oklahoma, on September 6, 1948. His will left the real estate to his wife for life with a remainder over to his two children..

The procedural question has its inception in the refusal of the county court to hear or…