Chesapeake Exploration, L.L.C. v. B N W Property Co.

OPINION

CHRISTOPHER ANTCLIFF, Justice.

The issue in this appeal is whether two deeds that conveyed a l/3rd mineral interest also conveyed a 4/9th executive right incident to the mineral interest. Appellant Chesapeake Exploration, L.L.C. argues that the entire 4/9ths executive right passed under the deeds. Appellee BNW Property Co. takes a contrary position, contending that only a l/3rd (3/9ths) executive right passed under the deeds and the remaining undivided l/9th executive right did not so pass. 1 Agreeing with BNW, the trial court ruled that the remaining undivided l/9th executive right did…