ACTS OF THE SIXTEENTH LEGISLATURE

ARTICLE 2.
OIL AND GAS LEASES.
SENATE BILL NO. 74.
AN ACT authorizing administrators, executors and guardians to lease lands or mineral Interests therein for
oil, gas or other mining purposes and prescribing the procedure therefor; validating such  proceedings
heretofore had and such leases heretofore sold and executed; repealing Article 1, Chapter 8, of the
Session Laws of 1935; If any provision of this Act or the application thereof shall be declared invalid
by any court of competent jurisdiction, such decision shall not affect the remaining portions thereof;
and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
Section 1. Oil and Gas Leases-Estates-Incompetents.
Administrators and executors of estates of deceased persons and guard-
ians of the estates of minors and incompetent persons are hereby authorized
to sell and execute oil and gas or other mining leases upon the lands belong-
ing to the estates of said deceased persons, or of said minors or incompetent
persons, for a term not to exceed ten years and as long thereafter as oil, gas
or other minerals may be produced in paying quantities, upon compliance
with this Act, and the County Court in which said guardianship or adminis-
tration proceedings are pending shall have jurisdiction to order said sale
upon the filing of a petition therein alleging that the estate of said de-
ceased person or the estate of said minor or incompetent ward is the owner
of the lands which shall be described in said petition, and that the same
have a probable value for oil and gas mining purposes, and that the estate
of said deceased person or of said ward is not financially able or that it is
impractical for said estate to explore said land for oil and gas, and that it
is to the best interest of the estate to lease said lands at public auction to
the highest bidder for cash, which petition shall be verified by said adminis-
trator, executor or guardian, and if it involves lands belonging to the estates
of deceased persons, the petition shall set forth the names and post office
addresses of the heirs of such deceased persons. If the will of any such
deceased person empowers the executor to sell oil and gas or other mineral
leases upon the lands of the testator, it shall not be necessary for the executor,
or the administrator with the will annexed, to comply with this Act, but in
such case the sale and execution of the lease shall be deemed to be a sale of
property and subject to Section 1299 of Oklahoma Statutes, 1931. The word
"land" or "lands" as used herein, includes any oil, gas or other mineral
rights or interests in lands which may be leasable.
Section 2. Procedure for Executing Leases.
Upon the filing of said petition mentioned in the preceding Section the
Court in its discretion and upon showing of benefit to the estate of said
decedent or ward, shall make an order authorizing and directing said admin-
istrator, executor or guardian to sell a lease upon the lands therein described
for oil and gas or other mining purposes, said sale to be at public auction
to the highest bidder for cash and to be held in the court room of said Coun-
ty Court not less than five days from the making of said order. Notice of
such sale shall be given at least five days before said sale, (a) by posting
in three public places in the county where the sale is to be held, one of
which shall be at the court house, (b) by publication one time in a news-
paper of general circulation in said county, and (c) where the lands involved
belong to the estate of a deceased person, by mailing to the heirs of such
deceased person or the next of kin of said ward named in the petition, if
their post office addresses be known. And if the lands to be leased are situ-
ated in any other county than that in which the nrobate proceeding is pend-
ing, then such notices as provided above for such period of time and place
shall be published and posted also in the county of the location of the lands.
Section 3. Same.
On the date and at the place specified in the notice for the sale of said
oil and gas or other mineral lease, said administrator, executor, or guardian
A

Chap. 8

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