Altman v. Blake

KILGARLIN, Justice.

Hazel Altman, Duncan B. Clark, and Ellen Dixon Clark present this court with one issue: whether a mineral interest conveyed in a deed by W.R. Blake, Jr. to his father is a one-sixteenth royalty interest or a one-sixteenth interest in the mineral fee. In a suit filed by Altman and the Clarks against the heirs of W.R. Blake, Sr., both sides moved for summary judgment. The trial court construed the deed to convey a one-sixteenth non-participating royalty interest to Blake, Sr., and rendered judgment for his heirs. The court of appeals affirmed the trial court judgment. 703…