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ECHOLS MINERALS, LLC v. GREEN

No. 11-21-00154-CV.

675 S.W.3d 344 (2023)

ECHOLS MINERALS, LLC; TOC Holdings, LLC; Gulf Wind Resources, LLC; Asro Management, LLP; David Weaver Echols; Roy Lee Todd; Nancy K. Carter; Cathy L. Hutcheson; Douglas Kit Nelson; Lee Keith Tilton; Terra Shamari Cone; Daniel Eli Dennison; Joshua Martin Rudin; Ceilia Kaiser; and Kimberly LaCanne, Appellants v. Donald Mac GREEN, TRUSTEE OF the DONALD AND BETTY LOU IRREVOCABLE TRUST, and Independent Executor of the Estate of Betty Lou Green; and Fortis Minerals II, LLC, Appellees.

Court of Appeals of Texas, Eastland.

Opinion filed August 17, 2023.

Attorney(s) appearing for the Case

Joshua Stein , Timothy A. Hootman , Houston, for Appellants.

Derek L. Montgomery , Midland, C. E. (Mike) Thomas III , William B. Burford , Anna E. Brandl , Midland, for Appellees.

Panel consists of: Bailey, C.J., Trotter, J., and Williams, J.

OPINION

This appeal concerns a reservation of a 33.25/278.5 non-participating royalty interest (NPRI)1 in a 1952 general warranty deed and an application of Duhig v. Peavy-Moore Lumber Co., 135 Tex. 503, 144 S.W.2d 878 (1940). The trial court granted summary judgment in...

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