Dawkins v. Hysaw

OPINION

Opinion by:

PATRICIA 0. ALVAREZ, Justice.

This case involves the construction of a will executed in 1947 by Ethel Nichols Hysaw. Ethel devised to each of her-three children (i.e., Inez, Howard, and Dorothy) specific parcels of land in fee simple, subject to a royalty interest for all the lands to be shared by each child. After a dispute arose over the amount of royalty each was entitled to receive, some of Ethel’s descendants petitioned the court to construe Ethel’s will. Inez’s descendants contended the will granted Ethel’s children a fractional royalty; Howard’s and Dorothy’s…