A testator’s will stated “I give all of my interest in the Crockett County, Texas, mineral interest that Occidental Permian Ltd. is presently making payments to me…” to my wife. After the testator died, additional wells were drilled on the land.
Children from a prior marriage claimed that the gift to the wife was limited and she was not entitled to the payments on the new wells. In denying the children’s claim, the San Antonio Court noted that the will is unambiguous and gives “all of my interest” to the minerals to the wife. The Court ruled that the phrase “is presently making payments to me” just described the land in additional detail. No. 04-10-00618-CV
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