10 Kan. App. 2d 149 - Drach v. Ely’s Empirical Analysis

Citation profile

6 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘Oil, gas and other minerals “in and under,” standing alone, creates a mineral interest. 1 Williams and Meyers, Oil and Gas Law § 304.4, p. 473 (1983); Rutland Savings Bank v. Steele, 155 Kan. 667, 670, 671, 672 , 127 P.2d 471 (1942). Cf. Shepard, Executrix v. John Hancock Mutual Life Ins. Co., 189 Kan. 125, 132 , 368 P.2d 19 (1962). The will language says that. “ ‘Oil, gas and other minerals “in and underand that may be produced from,” standing alone, creates a mineral interest. 1 Williams and Meyers, Oil and Gas Law § 304.5, p. 477 (1983); Serena v. Rubin, 146 Kan. 603, 606, 608 , 72 P.2d 995 (1937); Shaffer v. Kansas Farmers Union Royalty Co., 146 Kan. 84, 91-92 , 69 P.2d 4 (1937). The language says that. “ ‘Oil, gas and other minerals “that may be produced,” standing alone, creates a mineral interest under our law. 1 Williams and Meyers, Oil and Gas Law § 304.6, p. 481 (1983); Brooks v. Mull, 147 Kan. 740, 741 , 78 P.2d 879 (1938); Palmer v. Brandenburg, 8 Kan. App. 2d at 159-61. The will language says that.’ 10 Kan. App. 2d at 159 .” 237 Kan. at 658 .”

   2 later decisions quote this exact passage · from the concurrence
   e.g. Drach v. Ely · 12 Kan. App. 2d 626 - Powell v. Prosser

2. ““I give, devise and bequeath the oil, gas and other minerals in and under and that may he produced from the hereinafter described farm lands which I now own, to my six children, in the proportions as hereinafter set forth, to-wit: To my son, F. H. Mettscher, a one-sixth interest; To my daughter, Marie Strobel, a one-sixth interest; To my son, Henry Mettscher, a one-sixth interest; To my daughter, Wilhelmina Kues, a one-sixth interest; To my daughter, Martha Siefkes, a one-sixth interest; To my daughter, Ida Cadman, a one-sixth interest; “It is my will and intention that the mineral rights herein devised shall be and include only the oil, gas and other minerals which may be produced from said premises, and shall not, in any manner, be interpreted or construed as including any of the oil, gas or mineral lease rentals, delay rentals or bonuses which may be payable under any leases upon said real estate; it being my will and desire that all of the rentals, delay rentals and bonuses payable under any leases upon said real estate shall be payable to the person to whom the specific real estate upon which such rentals are paid is hereinafter given and devised.” (Emphasis added.)”

   1 later decision quote this exact passage
   e.g. Drach v. Ely

3. ““Left for consideration on another day in some similar case is the proposition found in Singer Company v. Makad, Inc., 213 Kan. 725, 729 , 518 P.2d 493 (1974), where it is said: ‘[T]he recent trend among legal authorities is to relax the harsh and inflexible application of the [rule against perpetuities] and . . . courts are now disposed to follow one of several tenable theories which will avoid remorseless application of the rule and give effect to the intention of the parties. . . . ‘[Ojur own cases reflect the modern tendency to temper the rule where its rigid application would do violence to the disposition of property.’ See also Cosgrove v. Young, 230 Kan. at 721-725 (dissent).” 10 Kan. App. 2d at 164 .”

   1 later decision quote this exact passage · from the concurrence
   e.g. 44 Kan. App. 2d 268 - Rucker v. DeLAY