In Prather v. Callon Petroleum Operating Co., the court of appeals resolved a will construction issue that determined who owned certain mineral interests. No. 11-20-00189-CV, 2022 Tex. App. LEXIS 3200 (Tex. App.—Eastland May 12, 2022, no pet.). The decedent left all of her property equally to her two daughters and then stated: “In the event that one of the beneficiaries in this paragraph is not living at the time of my death, then his or her share shall go to the survivor(s) thereof.” One daughter predeceased the decedent. That daughter’s children believed that they owned half of the decedent’s minerals upon her passing, and signed mineral leases. The other daughter’s children thought that they owned all of the minerals as their mother had survived the decedent. Thereafter, various parties asserted claims regarding these minerals and the interpretation of the will.
Continue Reading Court Construed A Will To Provide That Mineral Interests Were Devised To The Surviving Daughter’s Family And To Cut Out A Predeceased Daughter’s Family