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Another case interpreting a royalty reservation in an old conveyance has been decided by the 11th Court of Appeals in Eastland: Boren Descendants and Mabee Descendants v. The deed reserves “an undivided one-fourth (1/4th) of the usual one eighth (18th) royalty.” Fasken Oil and Ranch, Ltd. , Fasken Oil and Ranch, Ltd.
The Eastland Court of Appeals addressed, for the first time, the interpretation of a double-fraction royalty reservation in light of Van Dyke. The case ( Boren Descendants v. centered on whether a 1933 deed reserved a floating 1/4 royalty interest or a fixed 1/32 interest. Fasken Oil & Ranch, Ltd. , LEXIS 8405, at *1 (Tex.
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