Lanyon Zinc Co. v. Freeman

Citations

• 68 Kan. 691
• 75 P. 995
• 1904 Kan. LEXIS 163

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mines and Mining —Petroleum and Gas are Minerals. Pe-. trolemn and gas are minerals. As long as they remain in the ground they are part of the realty. They belong to the owner of the land, and are a part of it as long as. they are on it, or in it, or subject to his control. \\</p> <p>2. Executors — Not Authorized by Will to Make Oil and Gas Lease. A resident of Ohio owning a Kansas farm that had never been used for other than agricultural purposes executed a will, providing that the executor and trustee should take charge of the premises and “lease and maintain the same in repair and good condition, with a view to obtaining the best income therefrom, without permitting the same to deteriorate in value or quality.” Held, that the executor and trustee was not authorized by the will to execute an oil and gas lease, granting to the lessee all the oil and gas under said premises and binding the legatees thereby.</p> <p>4. Partition — Executor and Trustee Estopped. An executor and trustee, without having sufficient authority under the will to bind the legatees thereby, executed- an oil and gas lease on a farm that had never been used for other than agricultural purposes. Prior to the execution of the lease he had individually acquired the interest of one of the legatees in the premises. Soon thereafter he acquired the interest of another of the legatees. Held, that, in an action of partition, under the circumstances of this case, he is estopped from denying that the interest acquired by him was not subject to the lease.</p>