Imerys Marble Co. v. J.M. Huber Corp.

Fletcher, Chief Justice.

Imerys Marble Company appeals the trial court’s judgment in favor of J.M. Huber Corporation and the heirs of Benjamin Cowart regarding the ownership of certain mineral interests. Because the trial court erred in its construction of the relevant will and deeds, we reverse.

Cowart’s will devised all his property to his children, provided that his children could not sell the mineral interests during their lifetimes. The will, however, granted the power to the executors to lease or rent the mineral interests for the benefit of Cowart’s children and grandchildren. No…