Grisham v. Lawrence, 298 S.W.3d 826 (Tex. App.—Tyler 2009, no pet.).
Testator’s will specifically devised land to Land Devisees and
mineral rights on non-devised land to Remainder Mineral Devisees. A
dispute arose as to the ownership of certain mineral rights on property
devised to Land Devisees. The trial court awarded them to the successors
in interest of the Remainder Mineral Devisees.
The appellate court reversed and rendered in favor of the Land Devisees.
The court determined that the will unambiguously devised to Land
Devisees whatever mineral rights Testator owned in the devised land even
though he had previously conveyed the surface rights.
Moral: Even when a testator’s language is clear and unambiguous,
disputes may nonetheless arise regarding the effect of that language.