MCZ, INC. v. Smith

OPINION

DUGGAN, Justice.

This is an appeal from a declaratory judgment that: (1) adjudged and declared the validity of an oil, gas, and mineral lease; (2) established the amount due as production proceeds and prejudgment interest to the lessee from the operator of a producing well on the subject property; and (3) denied relief on the appellant’s counterclaim.

Nick Philipello, Sr. and wife, Nora Phili-pello, owned as community property 107 acres of land (“the tract”) in Brazos County at the time of Nick, Sr.’s death in December 1970. Nick, Sr.’s will, duly admitted to probate, devised a life…