22 S.W.2d 567 | Ky. Ct. App. | 1929
Reversing.
W.W. Conley died intestate in the year 1904, survived by his wife, Mahala, and 12 children. He was the owner of a tract of land in Magoffin county. After the death of Conley, his widow and one of the children, who had obtained the rights of others, executed an oil and gas lease upon the property, and oil was produced from it. George Collins owns a royalty interest under that lease. This action was filed by Conley's widow who had again married, seeking to recover a one-third interest in the royalty owned by Collins, as well as in that owned by others. A demurrer was sustained to the petition, and upon a former appeal to this court the judgment was reversed. Lemaster v. Hudson,
It is settled that the widow and remaindermen may join in an oil and gas lease and agree orally or in writing how the royalties are to be apportioned among them. Meredith v. Meredith,
The circuit court should have ascertained the present cash value of the dower right in the royalties and adjudged it to her in cash, or caused the accruing amounts to be invested and the income paid to her during life, as directed in the opinion of this court on the former appeal.
The judgment is reversed for proceedings in accordance with this and the former opinion of the court.