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DEXTER v. BRAKE

No. 104,457.

269 P.3d 846 (2012)

46 Kan. App. 2d 1020

Margaret Jane DEXTER, Successor Trustee of the William Wayne Dexter Revocable Trust UTA Dated March 31, 1999; Margaret Jane Dexter, Trustee of the Margaret Jane Dexter Revocable Trust UTA March 31, 1999; and Kenneth W. Nelson and Helen O. Nelson, Appellees, v. Joe F. BRAKE and Wanda Blankinship, Appellants. David L. Monroe, Appellee, v. Joe F. Brake and Wanda Blankinship, Appellants.

Court of Appeals of Kansas.

January 20, 2012.

Attorney(s) appearing for the Case

Thomas M. Rhoads , of Glaves, Irby and Rhoads, of Wichita, for appellants.

John R. Horst , of John R. Horst, P.A., of Caney, for appellees.

Before ARNOLD-BURGER, P.J., MALONE, J., and DANIEL L. HEBERT, District Judge Retired, assigned.

ARNOLD-BURGER, J.

We are asked to decide several issues in this dispute over an oil and gas lease (Lease) between Joe Brake and Wanda Blankinship (Brake), the lessees, and Margaret Jane Dexter, Successor Trustee of the William Wayne Dexter Revocable Trust and Trustee of the Margaret Jane Dexter Revocable Trust (Dexter); Kenneth W. Nelson and Helen O. Nelson (Nelson); and David Monroe (Monroe), the lessors.

1. Dexter and Nelson were parties to a lawsuit against...

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