In re Estate of Duncan

Certiorari granted, No. 27,516, June 14, 2002 OPINION ¶1 Appellants Dean and Brenda Kinsolving (hereinafter ""Lessees"") appeal from a district court order entered after the personal representative of the Estate of Georgia A. Duncan (hereinafter ""Decedent"") sought declaratory relief concerning the legal status of three separate properties subject to a lease agreement made between Lessees and Decedent (hereinafter ""the Lease""). These properties consisted of a 5360-acre ranch, an adjacent parcel consisting of 320 acres, and a house and lot located in Ruidoso. ¶2 On appeal, Lessees claim that the underlying informal probate action was never converted into a formal probate proceeding, and as a consequence, the district court lacked subject matter jurisdiction to enter an order affecting the lease in question. Lessees also claim that their lease did not automatically terminate at Decedent's death. Alternatively, they argue that the Decedent's heirs expressly or through their behavior ratified the continuation of the lease. Lessees also claim that the Ruidoso property was held in full fee interest by Decedent and therefore was not subject to any remainder interests that could affect the terms of the lease. Finally, Lessees claim that it is undisputed that the 320-acre parcel was held in full fee interest by Decedent and was not encumbered in any manner that would limit the terms of the lease. We affirm.