McGill v. Johnson

CARROLL, Justice.

The trial court concluded that certain contested language in a 1944 will created only a contingent remainder and that the open mine doctrine applied to oil and gas leases executed by the testamentary trustee as well as to leases signed by the testator. We agree and will affirm the trial court’s summary judgment. 1

BACKGROUND

J. Willis Johnson, Jr. (Testator), died in 1955, leaving a substantial estate. He was survived by his two sisters, his second wife, and his son, J. Willis Johnson, III (Johnson).

In his will, 2 the Testator created a trust for his son, authorized the trustee…