FLIPPEN v. FLIPPEN

No. 5652.

628 S.W.2d 462 (1981)

Arthur FLIPPEN et al., Appellants, v. Ethel FLIPPEN et al., Appellees.

Court of Appeals of Texas, Eastland.

Rehearing Denied December 31, 1981.


Attorney(s) appearing for the Case

W. G. Thompson, Thompson & Cook, Breckenridge, Frank Jennings, Jennings, Montgomery, Dies & Turner, Graham, for appellants.

John B. McNamara, McNamara & McNamara, Waco, R. M. Rutledge, Rutledge, Rutledge & Connally, Abilene, for appellees.


McCLOUD, Chief Justice.

The question is whether the grantors in interfamily multiple partition deeds partitioning specific tracts of land to individual family members left (or intended to leave) undivided only the "usual 1/8 royalty," or all royalty including overriding royalty and royalty in excess of the usual 1/8.

Estelle Flippen, who owned approximately 4,950 acres of land in Shackelford County, on September...

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