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DuBOIS v. JACOBS

No. 12344.

533 S.W.2d 149 (1976)

H. E. DuBOIS, Individually and as Independent Executor of the Estate of Genevieve Rix Fitzwilliam, Deceased, Appellant, v. Cleve W. JACOBS, Jr., et ux., Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied February 18, 1976.

Attorney(s) appearing for the Case

James T. Odiorne, Bastrop, for appellant.

Allen L. McMurrey, Bastrop, for appellees.

PHILLIPS, Chief Justice.

This suit was brought by appellees under the provisions of the Uniform Declaratory Judgments Act1 for judicial construction of a mineral reservation in a deed. The question is whether the grantor, now deceased, intended to reserve a one-half royalty interest in perpetuity, as is contended by the appellant, or only for her natural life as asserted by appellees. The trial court found as a conclusion of law that the...

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