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SCHOLZ v. HEATH

No. 10-81-043-CV.

642 S.W.2d 554 (1982)

Lester SCHOLZ and Clarence W. Scholz, Appellants, v. Inez HEATH, Individually and as Independent Executrix of the Estate of John A. Heath, Deceased, et al., Appellees.

Court of Appeals of Texas, Waco.

November 8, 1982.

Attorney(s) appearing for the Case

Frank C. Collins, Jr., Houston, for appellants.

E.R. Norwood, Taylor, Norwood & Little, Liberty, Donald L. Kraemer, Haney & Kraemer, Huntsville, for appellees.

OPINION

CHASE, Justice.

This declaratory action was brought to resolve a three-party dispute over the ownership of a royalty interest in lands conveyed and reserved in a 1971 general warranty deed, hereafter referred to as the Scholz deed. The Scholz deed, conveying 395.7 acres of land which consisted of two tracts, a 312.2 acre tract and a 83.5 acre tract, contained the following reservation:

SAVE AND EXCEPT from this conveyance one-half (½...

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