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KENTUCKY BANK & TRUST CO. v. ASHLAND OIL & TRANSP. CO.

310 S.W.2d 287 (1958)

KENTUCKY BANK & TRUST COMPANY, Ancillary Administrator of Estate of Howell Ashby, Deceased, et al., Appellants, v. ASHLAND OIL & TRANSPORTATION CO., Inc., et al., Appellees.

Court of Appeals of Kentucky.

February 14, 1958.

Attorney(s) appearing for the Case

Franklin & Franklin, W. R. Tapp, Madisonville, for appellants.

King & Craig, Henderson, McDonald, Alford & Roszell, Lexington, for appellees.

STANLEY, Commissioner.

This is a suit for a declaratory judgment as to who is entitled to receive the landowner's share or royalty of oil being produced from a 78 acre tract in Hopkins County. The controversy is between Howell Ashby's administrator and his widow, appellants herein, on the one side, and Clyde C. Combes and others, appellees, herein, on the other side. The Ashland Oil and Transportation Company, as purchaser...

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