BIERSCHEID v. JPMORGAN CHASE BANK

No. 01-18-00652-CV.

606 S.W.3d 493 (2020)

Jennie Kay Lyle BIERSCHEID, Executrix of the Estate of Kenneth R. Lyle; Lyle Engineering Company; Houston Bluebonnet LLC; E&H, LP; American Universal Investment Co.; Esther Suckle, Trustee of the Suckle 1999 Living Trust; and C.G. Enterprises, Inc., Appellants v. JPMORGAN CHASE BANK and Lloyd Bentsen III, Independent Co-Executors of the Estate of Jane Japhet Guinn; JPMorgan Chase Bank, Lloyd Bentsen III, and Gayle F. Bentsen, as Co-Trustees of the Gayle F. Bentsen GST Non-Exempt Trust; JPMorgan Chase Bank and Lloyd Bentsen III, as Co-Trustees of the Dan J. Flannery GST Non-Exempt Trust; JPMorgan Chase Bank, Lloyd Bentsen III, and John F. Flannery, as Co-Trustees of the John F. Flannery, Jr. GST Non-Exempt Trust; Jill Baucum Flannery, as Independent Executor of the Estate of Dan Japhet Flannery, All of the Foregoing as Successors-in-Interest of the Jane Guinn Revocable Trust; Perry B. Menking, Jr., Successor-in-Interest of the Perry B. Menking, Jr. Investment Management Trust; Lynn Sahin; Kate Lutken Bruno, Successor-in-Interest of the Kate Lutken Bruno Grantor Trust; Wesley C. Lutken, Jr., Successor-in-Interest of the Wesley Lutken Grantor Trust; Daniel R. Japhet, Jr.; Gretchen Japhet; Susan Japhet Scotty; and Larken Japhet Sutherland, Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

Opinion issued July 16, 2020.


Attorney(s) appearing for the Case

Anthony T. Golz , Cokinos/Young, 1221 Lamar Street, 16th Floor, Houston, Texas 77010, Gary E. Ellison , 11767 Katy Freeway, Ste. 330, Houston, Texas 77079, Blake D. Allred , 211 Rennie Dr., Katy, Texas 77450, for Appellants.

Lee S. Gill , Jones Gill Porter Crawford & Crawford, LLP, 6363 Woodway Dr., Ste. 1100, Houston, Texas 77057, Thomas C. Wright , Wright Close & Barger, LLP, One Riverway, Ste. 2200, Houston, Texas 777056, for Appellees.

Panel consists of Justices Keyes, Goodman, and Countiss.


OPINION

This case is a suit to enforce and collect upon a net profits interest that was reserved in an assignment of an oil and gas lease ("the Lease or "the Hogg-Japhet Lease") in 1919. The plaintiffs/appellees (collectively, "the Japhets") are the heirs and...

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