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WINEGAR v. MARTIN

No. 2-09-019-CV.

304 S.W.3d 661 (2010)

Alvie Max WINEGAR and Alice Winegar, Appellants, v. Noel David MARTIN, Roberta Sue Martin, Travis Ryan Martin, and Angela R. Martin, Appellees.

Court of Appeals of Texas, Fort Worth.

January 21, 2010.

Attorney(s) appearing for the Case

Thomas M. Michel, Griffith, Jay & Michel, LLP, Fort Worth, TX, for Appellant.

David E. Keltner, Marianne M. Auld, Jody S. Sanders, Kelly Hart & Hallman LLP, Fort Worth, TX, for Appellee.

Panel: DAUPHINOT, GARDNER, and WALKER, JJ.

OPINION

SUE WALKER, Justice.

I. INTRODUCTION

The primary issue in this appeal is whether a royalty reservation in a deed reserved the grantor's entire 1/3 royalty interest or only a 1/3 of his 1/3 royalty interest, or a 1/9 royalty interest. The trial court granted summary judgment in favor of Appellees Noel David Martin, Roberta Sue Martin, and Travis Ryan Martin (the Martins)

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