Drach v. Ely’s Empirical Analysis

Citation profile

2 federal appellate · 19 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 23 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 majority
   e.g. 10 Kan. App. 2d 149 - Drach v. Ely · 12 Kan. App. 2d 626 - Powell v. Prosser

2. ““Where one of two permissible constructions of an instrument renders it violative of the rule against perpetuities, and the other does not, the latter will be adopted. Singer Company v. Makad, Inc., 213 Kan. 725 , Syl. ¶ 6, 518 P.2d 493 (1974); Klingman v. Gilbert, 90 Kan. 545, 549 , 135 Pac. 682 (1913); 61 Am. Jur. 2d, Perpetuities § 8. The modem tendency is to temper the rule where its rigid application would do violence to an intended scheme for the disposition of property. Singer Company, 213 Kan. at 729 . A provision of a will which is invalid as a violation of the rule may be stricken out by the court to allow the testamentary plan to be given effect. In re Estate of Freeman, 195 Kan. 190 , 404 P.2d 222 (1965). Thus, it is clear that the rale against perpetuities is not a favorite of the courts.” 237 Kan. at 656-57 .”

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

3. “"[T]he mineral rights herein devised ... shall not [include] any of the oil, gas or mineral lease rentals, delay rentals or bonuses ... payable under any leases; ... all of the rentals, delay rentals and bonuses payable under any leases ... shall be payable to the person to whom the specific real estate upon which such rentals are paid is ... given and devised"?”

   1 later decision quote this exact passage · from the majority
   e.g. 10 Kan. App. 2d 149 - Drach v. Ely