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McGILL v. JOHNSON

No. 3-88-209-CV.

775 S.W.2d 826 (1989)

Ruth G. McGILL, M.D., et al., Appellants, v. J. Willis JOHNSON, III, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Denied September 20, 1989.

Attorney(s) appearing for the Case

Mary J. Clariday, Thompson & Knight, Dallas, Stanley M. Johanson, Vinson & Elkins, Austin, for appellants.

Jack W. Lawter, Jr., Fulbright & Jaworski, Houston, for appellee.

Before SHANNON, C.J., and CARROLL and ABOUSSIE, JJ.

CARROLL, Justice.

The trial court concluded that certain contested language in a 1944 will created only a contingent remainder and that the open mine doctrine applied to oil and gas leases executed by the testamentary trustee as well as to leases signed by the testator. We agree and will affirm the trial court's summary judgment.1

BACKGROUND

J. Willis Johnson, Jr. (Testator), died in 1955, leaving a substantial estate...

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