GILSTRAP v. JUNE EISELE WARREN TRUST

No. 04-42.

106 P.3d 858 (2005)

2005 WY 21

Lora GILSTRAP; Criss Corallino; Carole Corallino; DAVE Gilstrap; Iris Hehn; and Jeanarae Booth, f/k/a Jeanarae Shannon Herbert, Appellants (Plantiffs), v. JUNE EISELE WARREN TRUST; Jean Earl Eisele; William Eisele Family Mineral Trust; Marion Scott; Mary Scott; James Scott; Patty Scott; Donald Scott; Vonona Scott; Marilyn Storms; and Douglas Scott, Appellees (Defendants).

Supreme Court of Wyoming.

February 23, 2005.


Attorney(s) appearing for the Case

Representing Appellants: Thomas E. Lubnau, II and Nathan S. McLeland of Lubnau, Bailey & Dumbrill, P.C., Gillette, Wyoming.

Representing Appellees June Eisele Warren Trust, Jean Earl Eisele, William Eisele Family Mineral Trust, Marion Scott and Mary Scott: Randall T. Cox, Gillette, Wyoming.

Representing Appellees James Scott, Patty Scott, Donald Scott, Vonona Scott, Marilyn Storms and Douglas Scott: James L. Edwards and Kurt A. Infanger of Stevens, Edwards, Hallock & Carpenter, P.C., Gillette, Wyoming.

Before HILL, C.J., and GOLDEN, KITE and VOIGT, JJ., and STEBNER, D.J., Ret.


KITE, Justice.

[¶ 1] After their mother died in 1938, each of three siblings, Ray E. Gilstrap (Ray), William P. Gilstrap (William) and Daisy Pearl Williams (Daisy), received an undivided one-third interest in a 680-acre ranch with a 320-acre mineral estate pursuant to her will. However, the siblings agreed to an alternative distribution of the estate: Ray received the entire surface estate, Ray and William each received one-half of the mineral estate, and Daisy...

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