Calvin N. Clyde v. Rayburn M. Hamilton Et Al‪.‬

This case requires a decision as to the respective rights of a life tenant and the remaindermen in the proceeds from three oil and gas leases under the will of Mrs. Ava Elizabeth Cobb Cain. It also involves the construction of two agreements between the life tenant and the remaindermen in which they attempted to settle at least a part of their problems. The area upon which they did not reach agreement, as we view the record, is that dealing with royalties and bonuses on oil wells opened before and after the death of the testatrix, Mrs. Cain, and the vesting of the life estate in her husband, Mr. W. W. Cain. The will itself did not make provision for the distribution or impounding of the royalties and bonus, and hence we are called upon to allocate a part of them under the "open mine" doctrine.