McGill v. Johnson

OPINION

MAUZY, Justice.

This will construction case involves a dispute over the ownership of a remainder interest in certain real property and the application of the open mine doctrine. The petitioners appeal the trial court’s declaratory judgment interpreting the will of J. Willis Johnson, Jr. (Testator). The trial court found 1) that the will created a remainder interest contingent upon the re-maindermen surviving the life tenant, and 2) that the open mine doctrine applied to oil and gas leases executed by the testamentary trustee. The court of appeals affirmed the judgment. 775 S.W.2d 826…