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AVERYT v. GRANDE, INC.

No. C-4009.

717 S.W.2d 891 (1986)

James R. AVERYT, Individually and as Trustee for R.M. Hopkins, Jr., Petitioner, v. GRANDE, INC., Respondent.

Supreme Court of Texas.

Rehearing Denied November 5, 1986.

Attorney(s) appearing for the Case

Christie Condara, Krist, Kinney, Pucket & Riedmueller, Houston, for petitioner.

William J. Ehlert, Spinn, Ehlert, Spinn, Weisler & Weisler, Brenham, for respondent.

SPEARS, Justice.

The issue in this declaratory judgment action is whether a mineral reservation in a general warranty deed reserves a fraction of the entire mineral estate or only a fraction of the undivided one-half mineral interest owned and conveyed by the grantor. The trial court held that the reservation reserved a fraction of the entire mineral estate. The court of appeals affirmed. 686 S.W.2d 632. We affirm.

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