Family Feud: Texas High Court Hears Oil and Gas Royalty Fight
The case Hysaw v. Dawkins is up on appeal before the Texas Supreme Court and involves a legal dispute that has a number of Ethel Hysaw's descendants battling one another over the correct interpretation of Hysaw's 1947 will, which conveys lucrative mineral interests to her children.
December 11, 2015 at 05:34 PM
6 minute read
The original version of this story was published on Texas Lawyer
Even modern oil and gas deeds, which are often loaded with complex terminology, can be tricky to understand. Therefore, it's not surprising that a warranty deed drafted in 1947 that uses vague wording to convey profitable oil and gas interests could set off an intense legal battle among family members that recently landed before the Supreme Court of Texas.
At the present time, the case Hysaw v. Dawkins is up on appeal from the Fourth Court of Appeals in Austin. The lawsuit is a legal dispute that has a number of Ethel Hysaw's descendants combatting one another over the correct interpretation of Hysaw's 1947 will, which conveys lucrative mineral interests to her children.
The suit concerns the interpretation of a grant using double fractions (“1/3 of 1/8″) and the “floating v. fixed” nonparticipating royalty issue. The suit also raises the conflicting fraction and two grant issues. The grants in this case were made in a 1947 will in which the testator gave separate tracts to each of her three children but also conveyed royalties to each in all of the tracts.
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