The question in Brooke-Willbanks v. Flatland Mineral Fund LP, et al was which party to a Texas mineral deed would bear the burden of two previously reserved nonparticipating royalty interests.
The facts
Kay Brooke-Wilbanks owned a 45/100 mineral interest in 320 acres in Howard County, which is equivalent of an undivided 144-acre mineral interest. Her
The ghosts of Clinton Manges and people like him continue to haunt executive right owners in Texas. In the 1980’s, Mr. Manges’ abuse of his non-participating royalty owner inspired the Texas Supreme Court to re-affirm the obligations of an executive right owner to the NPRI owner: “utmost fair dealing” and a fiduciary duty.
In Friddle
With apologies to Click and Clack, from time to time I will post “puzzlers”, questions about title and similar issues that have no apparent answer. Here is the first one:
Joe Bob Joiner owns a non-participating royalty interest under a tract. The amount of interest he owns is tied to the amount of royalty stated