Atlantic Reporter Volume 34 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1896 Excerpt: ...the principal, on their death, to go to the remainder-men. Appeal from court of common pleas, Butler county; John M. Greer, Judge. Action by Isaac E. Blakley and wife against Thomas M. Marshall, trustee. Judgment for defendant Plaintiffs appeal. Affirmed. Kennedy Marshall and Sponsier & McQuaide, for appellants. J. D. Marshall, for appellee. STERRETT, C. J. No question Is raised In this case stated as to the validity of the lease under which the oil In question was produced, nor is there any question as to the title of the lessors to the leased premises. By their informal deed of November, 1890, Andrew Blakley and wife granted and conveyed to Isaac E. Blakley and Louisa Blakley, the plaintiffs, a life estate in the land, with remainder in fee to their children, and appointed said life tenants trustees for their said children. Habendum: "To them, the said Isaac Blakley and Louisa, his wife, for and during tluir life, and no longer, and as trustees and in trust for their said children, their heirs and assigns, forever, subject to the life estate of said Isaac E. Blakley and Louisa, his wife; and, In case of the death of Isaac E. Blakley, Louisa Blakley, his wife, Bhall only be trustee, and have control of the above-mentioned property so long as she remains his widow." Acting for themselves In their own right as tenants for life, and also as trustees for those in remainder, the plaintiffs executed the lease to N. B. Duncan "for the purpose of operating and drilling for petroleum and gas," for the term of 15 years from August 10, 1894, "and so long thereafter as oil and gas can be produced in paying quantities." It was obviously necessary, as well as to the interest of both the tenants for life and the remainder-men, that they ...