In 1924, Earl and Leah DeLay conveyed land to Donald and Barbara Rucker's predecessor in title. The DeLays excepted from the grant the following interest: "The grantor herein reserves 60 of the land owner's one-eighth interest to the oil, gas or other minerals that may hereafter be developed under any oil and gas lease made by the grantee or by his subsequent grantees." The Ruckers asserted that this created a royally interest that violated the rule against perpetuities.
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