Hembree v. Magnolia Petroleum Co.

It is my view that a conveyance by a widow of a fractional interest in oil and gas mining rights to land constituting a homestead does not work a complete segregation of the mineral interest to the land, and does not of itself establish an abandonment of the. homestead right in so far as the mineral interests to the land are concerned, especially where there are minor children and the land is used and occupied as a homestead until the death of the widow.

Herein, the land was leased and dedicated to the production of oil and gas prior to the death of either spouse. The conveyance by the widow…