MINERAL DEEDS CONSTRUED TO INCLUDE STATED FRACTIONS OF ALL ROYALTY UNDER FUTURE LEASE

摘要

The court in Garza v. Prolithic Energy Co., 195 S.W.3d 137 (Tex. App.-San Antonio 2006, no pet.), construed two mineral deeds by Vicente Saenz and Inocencia de Saenz. The first, to J. B. Claypool, conveyed an undivided 1/2 interest in the oil, gas, and other minerals in the property at issue, with the right to 1/2 of the 1/8 royalty payable under an existing lease. It then provided that the grantee would have no right to any bonus or rentals received under any future lease and need not join in any future leases made, and would receive 1/16 of all oil, gas, and other minerals taken and saved under such lease or leases, out of the royalty. The second deed, to Homer P. Lee, conveyed an undivided 15/32 interest in all of the oil, gas, and other minerals in and under the same land, including 15/32 of the royalty under the lease then in effect. Like the Claypool deed, it went on to provide that the grantee would be entitled to none of the bonus or rentals payable under future leases and that it would be unnecessary for the grantee to join in any such leases. After prohibiting the grantor from entering into any