Davis v. Griffin

Tom Glaze, Justice.

This appeal originated from an inter-pleader action by UPC Falco to determine the ownership of royalty interest in the oil the company was purchasing. The oil was produced from wells located on land originally owned by J.M. Daniel. Daniel died intestate and was survived by his widow Estherlee Wellborn and eight children, from three different marriages.1 Under our intestate laws, Daniel’s descendants received his estate subject to the widow’s dower and homestead rights. In October of 1935, Wellborn and Daniel’s descendants signed an instrument entitled “Agreement,” which…