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Winegar v. Martin

Civil Practice, Real Property The appellees met their summary judgment burden by establishing that no genuine issue of material fact exists and that they are entitled to judgment as a matter of law that the deed unambiguously reserved an undivided 1/9 nonparticipating royalty interest. Fort Worth Court of Appeals, No. 2-09-019-CV, 01-21-2010

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OPINION

I. INTRODUCTION

The primary issue in this appeal is whether a royalty reservation in a deed reserved the grantor’s entire 1/3 royalty interest or only a 1/3 of his 1/3 royalty interest, or a 1/9 royalty interest. The trial court granted summary judgment in favor of Appellees Noel David Martin, Roberta Sue Martin, and Travis Ryan Martin (the Martins)*fn1 and against Appellants Alvie Max Winegar and Alice Winegar, judicially declaring that Appellants own an undivided 1/9 (1/3 of the grantor’s 1/3) nonparticipating royalty interest. In seven issues, the Winegars appeal the trial court’s summary judgment in favor of the Martins. We will affirm.

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