In re Estate of Stannard

The opinion of the court was delivered by The present appeal is from an order of the district court
striking a part of defendant's answer and arises under the
circumstances later set forth. Grant A. Stannard died testate on November 12, 1951, and on
December 7, 1951, his widow, Faye C. Stannard, was appointed as
the executrix of his will and estate. On June 23, 1952, Flossie
May Reynolds filed her petition in the probate court for
allowance of her demand against the estate of Stannard in which
she alleged that on January 12, 1951, Stannard in his lifetime
entered into an oil and gas lease with her, a copy of which was
attached and made a part of the petition, which provided:

"`It is a part of the consideration and covenants
of this lease that the lessee will commence and drill
a well with due diligence to the Wilcox Sand, unless
oil or gas is found in paying quantities at a lesser
depth';"

that the decedent in his lifetime breached the agreement and his
estate had wholly failed to comply with its provisions, and that
no well was commenced or drilled to the Wilcox sand and no oil or
gas was found in paying quantities at a lesser depth, and that
petitioner had suffered damage in the amount of $20,000, the
reasonable cost of drilling such a well, and petitioner asked
that her demand be allowed for that sum.