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SLAPE v. FORTNER

Term No. 54-M-4.

3 Ill. App.2d 339 (1954)

122 N.E.2d 57

Don Slape, Trading as Don Slape Drilling Company, Plaintiff-Appellee and Cross-Appellant, v. Lillian B. Fortner, as Executrix of Last Will and Testament of William G. Fortner, Deceased, Defendant-Appellant, and Joe F. Van Natta et al., Defendants-Appellees.

Appellate Court of Illinois.

Released for publication November 4, 1954.

Attorney(s) appearing for the Case

PYLE & McCALLISTER, of Carmi, for appellant.

MARION M. HART, of Benton, and DAVID A. WARFORD, of Marion, for plaintiff-appellee and cross-appellant.

FEIRICH & FEIRICH, of Carbondale, for appellees.

MR. JUSTICE SCHEINEMAN delivered the opinion of the court.

William G. Fortner, now deceased, entered into a written contract with Don Slape, a well driller, for the sinking of an oil well on certain premises in Indiana. At that time the defendants, Joe F. Van Natta, Phillip M. Kimmel and A.G. Storme, were the purported oil lessees of the premises, subject to Fortner's overriding royalty of one-fourth of the seven-eighths working interest therein.

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