LON V. SMITH FOUND. v. DEVON ENERGY CORP.

S-17-0021 S-17-0022 S-17-0023.

403 P.3d 997 (2017)

2017 WY 121

LON V. SMITH FOUNDATION, a California non-profit corporation, Appellant (Plaintiff), v. DEVON ENERGY CORPORATION, an Oklahoma corporation; Devon Energy Production Company L.P., an Oklahoma limited partnership; and Andrew Kean, as Trustee of the Marguerite Brown Smith Trust, a California testamentary trust, Appellees (Defendants). Devon Energy Corporation, an Oklahoma corporation; and Devon Energy Production Company L.P., an Oklahoma limited partnership, Appellants (Defendants), v. Lon V. Smith Foundation, a California non-profit corporation, Appellee (Plaintiff). Lon V. Smith Foundation, a California non-profit corporation, Appellant, (Plaintiff), v. Devon Energy Corporation, an Oklahoma corporation; and Devon Energy Production Company L.P., an Oklahoma limited partnership, Appellees, (Defendants).

Supreme Court of Wyoming.

October 10, 2017.


Attorney(s) appearing for the Case

Representing Lon V. Smith Foundation: Kristopher C. Koski , Thomas N. Long , and Rebecca J. Zisch of Long Reimer Winegar Beppler LLP, Cheyenne, Wyoming; Drake D. Hill , Hill Law Firm, LLC, Cheyenne, Wyoming. Argument by Messrs. Koski and Long.

Representing Devon Energy Corporation and Devon Energy Production Company: Jeffery J. Oven , Clayton H. Gregersen , and Victoria A. Marquis of Crowley Fleck PLLP, Billings, Montana. Argument by Mr. Oven.

Representing Andrew Kean: Brett M. Godfrey and Anne E. Zellner of Godfrey Johnson, P.C., Englewood, Colorado. Argument by Mr. Godfrey.

Before BURKE, C.J., and HILL, DAVIS, FOX, and KAUTZ, JJ.


[¶ 1] Thirty-four years ago, a California court issued a probate order distributing the estate of Lon V. Smith. A couple of years later, a Wyoming court entered an ancillary probate order to distribute Mr. Smith's Wyoming property, including the Carbon County overriding royalty interest (ORRI) that is the subject of this dispute...

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