Does the phrase “is presently making payments to me” limit a gift of a mineral interest?

Robert Ray

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

Copyright by Robert Ray a Texas inheritance attorney. The foregoing information is general in nature and does not apply to every fact situation. If you are concerned about inheritance laws, inheritance rights, have a family inheritance dispute, a property dispute or want information about contesting a will and need an inheritance lawyer, we can help. Please go to our main site www.texasinheritance.com and use the contact form to contact us today. We are Texas inheritance lawyers and would love to learn about your case and there is no fee for the initial consultation.

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Robert Ray

Robert Ray handles inheritance disputes of all kinds. He takes cases throughout Texas.
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